Whose Pink is it Anyway: A Battle of the Brands Between Pharrell, Pink, and Victoria's Secret PINK

Pink is usually most popular amongst young girls who love baby dolls and family members bursting with excitement at gender reveals. However, this mention of pink is much more significant than someone’s favorite color. It’s a battle between brands.

Pink, a rock-influenced pop singer with a strong voice who started her career off in R&B, and Pharrell Williams, the “Happy” producer who took the world by storm in 2013 with his hit song written for the film Despicable Me 2, recently concluded a legal dispute concerning Pharrell’s trademark filed for the term “P.Inc.”

Earlier this spring, Pharrell’s business, PW IP Holdings, filed the trademark “P.Inc” for promotional marketing services in the field of music. Soon after, the singer, Pink, filed legal action against him, alleging that his mark was too close to her name and would cause a likelihood of confusion, mistake, and/or deception amongst the masses. To add insult to injury, Victoria's Secret PINK entered the chat and opposed Pharrell’s P.Inc, alleging a similar argument about the likelihood of confusion because of its phonetic equivalent.

With two large brands opposing his trademark, I’m certain Pharrell was not too happy. So, let’s delve into the meaning of likelihood of confusion to see who owns Pink and how you can handle similar issues in the future.

Likelihood of Confusion

Likelihood of Confusion is the most common reason for refusing a trademark registration. Likelihood of confusion occurs when trademarks are (1) similar and (2) the goods or services are related because it increases the probability that consumers can mistakenly believe the goods or services derive from the same source.

To satisfy similarity, trademarks must be similar in (1) sound, (2) appearance, (3) meaning, or (4) could create a similar commercial impression. Trademarks don't need to be identical to be deemed confusingly similar. For example, Victoria's Secret's claim that Pharrell's "P.Inc" is phonetically equivalent to their brand's term "PINK" satisfies the sound element of similarity because the pronunciation of the two terms is the same (/pɪŋk/). The spelling is irrelevant.

Presently, Pharrell's application for P.Inc–in class 025 for clothing, footwear, and headgear–has been refused, dismissed, or invalidated by the USPTO for failure to respond or a late file to a response to Victoria's Secret PINK's office action.

Related Goods and Services

Conversely, Pink’s argument is more aligned with the related goods and services component of likelihood of confusion. Determining whether there is a likelihood between two trademarks also depends on whether the goods or services associated with each trademark are related. According to the USPTO, Goods are products your customers purchase from you. Services are activities for the benefit of someone other than you or your company. This explains how two identical trademarks, with different owners, can be registered. For example, Dove soap and Dove ice cream bars can simultaneously exist because they sell different goods to their consumers.

Let’s take a closer look at Pink’s claim of likelihood of confusion and mistake. The singer’s trademark for the word “PINK” has been registered since 2000 in the class 041 for entertainment services, namely live musical performances. Likewise, Pharrell’s “P.Inc Records” application was filed in the same class, which signifies that “PINK” and “P.Inc” provide related services. Analogous to the issue with Victoria's Secret, Pharrell’s business PW IP Holdings withdrew the application, and “P.Inc Records” is now abandoned.

So Who Owns Pink (/pɪŋk/)

As a result of Pharrell voluntarily withdrawing his trademark application for "P.Inc," the law treats this as if he lost the case. Essentially, Pharrell agreed to their claims without further argument by giving up the application without getting formal consent from Pink and Victoria's Secret. This means he can no longer try to register "P.Inc" for the same or similar goods in the future. Even if they tried to settle the dispute later, Pharrell would still need their clear, written consent to avoid the legal consequences of his withdrawal. In this case, Pink and Victoria's Secret now maintain control over the use of "Pink" in their respective industries.

Avoiding Likelihood of Confusion as a Brand

To prevent the likelihood of confusion:

1. Start by consulting an experienced trademark attorney who can guide you.

2. Invest in a comprehensive trademark search to ensure your brand name is unique and doesn't conflict with existing trademarks.

3. Register your trademark early to protect your brand and prevent future disputes.

Ready to Protect Your Brand?

If you’re thinking about getting a trademark or have questions about how to protect your creative works, we’re here to help! Schedule a Trademark Discovery Call with our office today. Let’s make sure your brand shines bright and stays safe!

Remember, your ideas and your brand deserve protection. Don’t wait—let’s get started!

Want to learn more about all JMA LAW has to offer your business? Head over to our website at jmalaw.org