P!nk vs. P.inc vs. Pink
Trademarks can be one of the most valuable assets any business or person may have when producing content or general work. When talking about trademarks, they are the link that exists between the product or service that is marketed and sold to the public and its source, creator, or originator. Although an intangible property, trademarks can be of much wealth for any company. Just think about the brands: Coca-Cola, Pepsi, Disney, DreamWorks. All of them carry a lot of weight in this globalized economic world in which we live in.
Trademarks, as such, need to be cultivated and worked on to bring value to a company or a person and, because of said value, are one of the most protected parts of any business. An important element of trademarks is the “likelihood of confusion” of the respective trademarks. This confusion can be from looking at the trademark, listening to it or even just the general impression that it may give to consumers. Any “likelihood of confusion” analysis depends on the classes in which the trademark is protecting a type of good or service. This, thus, is why both “Dove” the chocolate and “Dove” the soaps can coexist without there being any issue.
With that being said, recently, a legal battle between two music superstars has begun in this regard. P!nk (the artist legally known as Alecia Beth Moore) has had her stage name trademarked with the United States Patent and Trademark Office since 2001 and has been using it consistently ever since. She has initiated legal action against Pharrell Williams to stop him from registering the trademark P.inc. in the same class of services as her own, this being Class 009 (which encompasses downloadable music sound recordings musical sound recordings and audio-visual recordings) and Class 041 (which encompasses entertainment services through a website and live musical performances). Pharrell’s intent was to get his trademark P.inc in the same classes. P!nk’s contention, thus, is that she “has spent substantial time, effort and money promoting the goods and services” and that “Applicant’s [Pharrell] P.INC Mark is similar to the PINK Marks in sight, sound meaning, and commercial impression”. Although P!nk’s trademark is registered as “PINK” she has been known to use an exclamation point in her name, which, according to her lawyer makes the period in Pharrell’s P.inc trademark an even easier and more direct comparison to both.
It should be noted that Victoria’s Secret has also initiated a proceeding against this trademark registration because of their line of PINK apparel.
This trademark legal battle will be a very interesting one to see unfold as the two parties are of high-profile and the stakes for them seem to be very intense. It will be interesting to see what the Trademark Trial and Appeal Board of the US Patent and Trademark Office will decide.
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