Established Representative at the UK Intellectual Property Office — since 2008New scam warning · 27 Oct: Jones Hedley Trademark Website: A Real Firm’s…

Thomas Pink v Victoria’s Secret: shirt maker stops PINK store brand in the UK

Jonathan Paton, Founder & CEO4 min read · Last reviewed 27 October 2026
Key factsClaimant won

Thomas PinkvVictoria's Secret UK

Court
High Court
Judgment
31 July 2014
Citation
[2014] EWHC 2631 (Ch)
The lesson

Using a name abroad for years gives you no automatic right to use it once you expand into the UK or EU.

View the full case fileThe judgment, documents and timeline, with a free Temmy Portal login

Thomas Pink, the Jermyn Street shirt maker, sued Victoria's Secret over its PINK-branded UK stores. The High Court found most of Victoria's Secret's use of PINK infringed Thomas Pink's trademarks.

What happened

Thomas Pink traded under the PINK brand from its Jermyn Street shirt business, holding both a UK trademark and an EU trademark (then called a CTM) covering its stylised PINK logo. From 2012 Victoria's Secret opened PINK-branded stores in the UK selling casual clothing, lingerie and accessories, a brand it had previously used only outside the UK. Thomas Pink sued for trademark infringement and passing off. Victoria's Secret counterclaimed, arguing Thomas Pink's marks were wrongly registered or had become open to revocation for non-use.

What did the court decide in Thomas Pink v Victoria's Secret UK?

The court found that Victoria's Secret's use of PINK on garments, slogans, free-standing shop fronts and brass nameplates created a likelihood of confusion with Thomas Pink's marks, and infringed. It also found a separate, broader kind of infringement, based on harm to Thomas Pink's reputation (diluting or tarnishing it), which caught even uses the court didn't think caused confusion, such as swing tags used inside stores. Confusion was not made out for those swing tags, or for Facebook posts combining VICTORIA'S SECRET and PINK, which the court found were not aimed at EU consumers. The counterclaims for revocation and invalidity mostly failed, though part of the EU trademark's specification was narrowed for non-use.

What we learned from this

  • What I'd take from this is that a well-known global brand can still infringe when it brings a sub-brand into a new territory, however long it has used that name elsewhere. It's worth checking whether a name, logo or tagline you plan to use abroad is already registered or used in the UK or EU before you launch there. Using a mark in a slightly different form to how it's registered doesn't necessarily stop you keeping or defending that registration, provided the differences don't change its distinctive character. The same use of a name can be judged differently depending on whether the question is confusion between brands or wider harm to an established brand's reputation.

Things to be aware of

  • The court treated Victoria's Secret's years of good faith use of PINK outside the EU as irrelevant to its defence; trademark rights are strictly territorial even for large multinational retailers.

The businesses involved

Claimant

Thomas Pink Limited

Shirt maker founded in London's Jermyn Street, trading under the PINK brand. UK company registered in 1986, has 5 trademarks on the UK trademark register, and is now in liquidation.

Companies House
01995666 Liquidation
Incorporated
March 1986
Registered office
Liverpool
Business activity
Non-trading company
UK trademarks
5
Defendant

Victoria's Secret UK Ltd

UK arm of the lingerie and clothing retailer based outside the UK. Incorporated in 2010, it opened PINK-branded stores in the UK from 2012 selling casual clothing, lingerie and accessories. The company was dissolved in 2022 and holds no trademarks on the UK trademark register.

Companies House
07279467 Dissolved
Incorporated
June 2010
Note
Ceased November 2022
Registered office
Birmingham
Business activity
Other letting and operating of own or leased real estate
UK trademarks
0

What happened next

  • A costs ruling in January 2015 recorded that Thomas Pink was awarded 90% of its costs following the earlier liability judgment.Source: Rkllp, January 2015
  • Trade press described the outcome as meaning Victoria's Secret was 'no longer in the pink' after losing the infringement claim.Source: Lexology, August 2014

What others said about it

  • IPKat's detailed case note focused on how the court separated confusion based infringement from the broader dilution and tarnishment claim, with the same facts producing different results.Source: NIPC Law, August 2014

How we can help

If something in this case sounds familiar, talk it through with us. The first call is free for new clients.

This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2014] EWHC 2631 (Ch) on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 27 October 2026. Report an error.

Trusted by businesses across the UK & beyond
Latest from The Trademark HelplineKnowledge Hub
Article · Can You Own a Common Word? What Sky’s Trademark Fights Teach Brand OwnersArticle · Are You Fighting Someone Else’s Fight?Scam warning · Jones Hedley Trademark Website: A Real Firm’s Name on a Site Registered This WeekScam warning · Someone Searched Your Brand Name. Here’s Why We Sometimes Get in TouchNews · Has X Lost the Twitter Trademark? What the Bird and “Tweet” Ruling Means for RebrandsScam warning · Applegate Legal Services Trademark Notice: Same Letter, Same Phone Number as Hear LawNews · Harper Beckham’s Trademark: Registered in the UK, Refused in the USNews · Frank Bruno, Amazon and the ‘Replica’ Problem: Why Platforms Block Products That Look Gen…

Book your free 15-minute callChoose a day and time and a specialist will call you.

or call 0161 833 5400

Download Your Guide

Fill in the form below to access your free guide.