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Thomas Pink Ltd v Victoria's Secret UK Ltd

Case Summary  |  Judgment  |  31 July 2014

 

Charlotte May QC and Jaani Riordan recently acted for the successful claimant in Thomas Pink Ltd v Victoria's Secret UK Ltd [2014] EWHC 2631 (Ch). The Claimant was the well-known English clothing retailer, Thomas Pink, which owned UK and Community trade marks for logos featuring the mark “PINK”. Thomas Pink complained about a line of clothing and accessories recently launched in the UK by Victoria’s Secret known as the “PINK” range, which appeared in standalone “PINK” stores.

The Claimant succeeded in its claims for infringement under Article 9(1)(b) of the Community Trade Mark Regulation and section 10(2) of the Trade Marks Act 1994, with the Court concluding that the Defendant’s activity involved a likelihood of confusion or association with the Claimant. A claim under Article 9(1)(c) and section 10(3) also succeeded, on the basis that Victoria’s Secret was likely to erode the distinctiveness of the PINK mark by swamping the market for clothing with its competing origin message.

The Court granted a Europe-wide injunction to restrain further infringements. A hearing in relation to the form of relief and account of profits and inquiry as to damages will take place in October.

The IPKat has a post about the decision here.