Victoria’s Secret Stores Brand Management, Inc. v. Thomas Pink Limited, 2014 FC 76

Victoria’s Secret is seeking a declaration that their use of PINK and VICTORIA’S SECRET PINK trade-marks and trade-names was not contrary to the rights given to the registered trade-marks of the Defendant, Thomas Pink. It was revealed that Thomas Pink is suing a related Victoria’s Secret corporation in the UK for the infringement of several marks, including PINK.

Thomas Pink brought a motion to dismiss the action against them on the basis that Victoria’s Secret was not an “interested person” and therefore had no standing.

The Court reviewed the jurisprudence on determining who qualifies as a “person interested” and determined that Victoria’s Secret has a reasonable apprehension of being sued given the current UK proceedings Therefore, the action for a declaration was allowed to proceed.