Behind the Brands: Decoding the PINK and P.INC Trademark Battle

Global superstar Pharrell William filed for a trademark for his company "P.INC," intending to use it for various ventures. However, this move stirred up a controversy when PINK owned by Victoria's Secret and famous for its lingerie and apparel, promptly filed a lawsuit against Pharrell's venture, claiming that the similarity between "P.INC" and "PINK" could confuse consumers and affect the distinctiveness of their brand. 

How Is PINK and P.INC Similar?

 What’s unique about this legal dispute is that it brings into focus a crucial aspect of trademark law: the concept of similarity beyond just spelling. It's not merely about identical words but also about phonetic and visual resemblance, and even the potential for confusion among consumers.  

In PINK's case, their argument lies in the contention that the sound and visual appearance of "P.INC" are too close to their brand. They believe that consumers might inadvertently associate the two brands or assume a connection between them, thereby impacting PINK's brand integrity and consumer loyalty. 

 This is highlighting a process of trademark registration called OPPOSITION. 

When you are filing for a trademark, other owners of trademarks are allowed to file what is called an opposition. It means that they believe that your pending trademark is too similar or alike their own, and therefore should not be allowed to register. Trademark owners have the right to oppose pending trademarks that they find are strikingly alike to your own even if the USPTO do not find them similar. 

So What Should Pharrel’s Team Do Now? 

 Pharrell's team must carefully weigh their options here. Here are a few steps what they could do next. 

• They could assert that "P.INC" is distinct enough from "PINK," presenting evidence to support their claim.  

• Alternatively, they might opt for a settlement with PINK, possibly involving a name change or other compromises.  

• Or they could abandon the trademark altogether to avoid further legal entanglements. 

This Is Why Working With A Trademark Attorney Is Important 

 This case serves as a reminder for entrepreneurs and businesses about the importance of comprehensive trademark research before filing. Merely conducting a Google search won't be enough. You need to have a true partner walking you through your trademark registration and defending after registration. Trademark registration process requires meticulous attention to detail and a keen understanding of the legal landscape.