Grey Areas Haunt Victoria’s Secret ‘Pink’ Coexistence Pact

A decade-old settlement between lingerie giant Victoria’s Secret and a British shirtmaker was recently revisited at the UK High Court on October 20. The expedited proceedings revolve around the interpretation of a coexistence agreement signed by the companies in 2015.   

The dispute originated back in 2012, when Victoria’s Secret introduced its ‘PINK’ loungewear and lingerie line to the UK market. Shortly afterwards, Thomas Pink, who had UK and EU trademark rights for ‘PINK’, brought an infringement claim against the lingerie brand. 

In July 2014, Justice Colin Birss ruled in Thomas Pink’s favor, finding that Victoria’s Secret’s mass-market branding caused “detriment to the repute” of Thomas Pink and created a likelihood of consumer confusion. The two companies settled and signed a coexistence agreement in 2015, setting boundaries for how and where they could use the 'PINK' name. 

However, in September 2026, Victoria’s Secret sued Thomas Pink in the U.S. District Court for the Southern District of Ohio, alleging that Thomas Pink’s expansion into women’s athleisure, represented a “radical style drift” and breached the agreement. 

While the agreement’s precise terms remain confidential, the case raises questions about how well coexistence agreements stand against the test of time. 

Finnegan partner Mark Sommers, who has seen the agreement, told World Intellectual Property Review that he believes that the parties “did their best at the time” to anticipate issues and that coexistence deals can be valuable in “setting a tone at the time” they are signed. 

But he cautions: “Hindsight is 20/20. Trying to reach a comprehensive agreement that forecasts the future is like being a weatherman: 50% right most of the time." 

This case leaves the question of whether Thomas Pink will prevail in using the English courts to stop Victoria’s Secret from pursuing its US trademark claims. Mark notes that while the Ohio federal court remains “deferential” to the UK court, it has permitted the US lawsuit to progress through expedited discovery. 

“It is very difficult for businesses, for counsel, and for the courts, whether in the US, England or Asia, to make a decision that is appropriate under territorial law while bearing in mind the universal nature of trade,” Mark said. “This is a pressing issue that courts and companies will increasingly face.”

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