Friday, 1 August 2014

Thomas Pink wins infringement case against Victoria’s Secret Pink line

No report on BAILII or elsewhere yet but the Telegraph reports that the High Court (Birss J) has held that the American company infringed the shirtmaker's CTM. Pink v Pink for very similar goods - with evidence of customers trying to return the defendant's products to the claimant's shops - should be an open-and-shut case. What's hard to understand is how the defendants could have imagined it was a good idea to try to come to Europe with a trade mark that so clearly conflicted with an existing one - did they think their product was sufficiently different, or did they just not do a clearance search? Or is it just arrogance, of which there is too much in the trade mark world?
Thomas Pink Ltd v Victoria's Secret UK Ltd [2014] EWHC 2631 (Ch)

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