Skip to main content
BoF Logo

The Business of Fashion

Agenda-setting intelligence, analysis and advice for the global fashion community.

Victoria's Secret Loses Trademark Battle Against Thomas Pink

Victoria's Secret Fashion Show | Source: Victoria's Secret
By
  • Bloomberg

LONDON, United Kingdom — Victoria's Secret lost a trademark dispute with a chain of shirt stores when a London judge said the lingerie brand's "Pink" clothing line could confuse customers with its "sexy, mass-market appeal."

L Brands Inc.’s Victoria’s Secret infringed trademark rights owned by London-based Thomas Pink Ltd., Judge Colin Birss said in a written decision. He said customers in Europe might associate the traditional shirtmaker with underwear, which would cause a “detriment to the repute” of its brand.

“For example consumers are likely to enter one of the claimant’s shops looking for lingerie and be surprised and disappointed when they find they have made a mistake,” Birss said.

Trademark disputes often come down to whether a judge thinks people are likely to mix up two similar brands. Birss has previously ruled that Kraft Foods Group Inc.'s Cadbury had sole rights to a distinctive shade of purple, and that Samsung Electronics Co. tablets couldn't be confused with Apple Inc.'s iPad because they were "not as cool."

ADVERTISEMENT

“We are delighted with the outcome of this case, and will continue to protect the considerable investment that has been made into building Thomas Pink into a leading luxury clothing brand,” Jonathan Heilbron, the company’s chief executive officer, said in a statement. Spokesmen for Columbus, Ohio-based L Brands didn’t immediately respond to an e-mail seeking comment outside of normal office hours.

London Store

Thomas Pink, which operates a flagship store in London, said Victoria’s Secret use of the word Pink was too similar.

Victoria’s Secret launched the clothing line aimed at “college girls” in 2004, including t-shirts, swimsuits and lingerie, according to the ruling.

The lingerie company said in a London trial that its brand was famous, and that its customers were young women, not the older professionals who might buy shirts and ties from Thomas Pink.

L Brands is seeking growth at Victoria’s Secret, its biggest division, by expanding into new products including sports clothes and jeans. The company said its net sales rose seven percent year-on-year to $1.18 billion in the five weeks ending July 6.

By Kit Chellel; editors: Peter Chapman, Robert Valpuesta.

© 2024 The Business of Fashion. All rights reserved. For more information read our Terms & Conditions

More from News & Analysis
Fashion News, Analysis and Business Intelligence from the leading digital authority on the global fashion industry.
view more

Subscribe to the BoF Daily Digest

The essential daily round-up of fashion news, analysis, and breaking news alerts.

The Business of Fashion

Agenda-setting intelligence, analysis and advice for the global fashion community.
CONNECT WITH US ON
BoF Professional - How to Turn Data Into Meaningful Customer Connections
© 2024 The Business of Fashion. All rights reserved. For more information read our Terms & Conditions, Privacy Policy, Cookie Policy and Accessibility Statement.
BoF Professional - How to Turn Data Into Meaningful Customer Connections