This week, Burberry have taken the steps to once again protect its signature check-print merchandise. The British fashion label has filed a trademark infringement suit against US megastore Target. Burberry are alleging that the retailer has been selling products that bear “blatant reproductions” of its trademark check, a print introduced in the 1920s and used on countless designs since.
According to the suit, Burberry sent Target a cease-and-desist letter in early 2017 after finding “unauthorized copies” of the pattern on items in the chain’s stores including eyewear, luggage, and water bottles. Rather than complying with the letter, Burberry alleges, Target several months later began selling scarves — a Burberry mainstay — also bearing the check print, which were “superficially indistinguishable” from the real deal (albeit at a small fraction of the price).
The case was filed at a New York Federal Court.
“Target’s well-publicized history of collaborating with popular brands and fashion designers to promote and sell Target-exclusive limited-edition collections further heightens the risk of such consumer confusion,” the lawsuit contends.
Burberry is seeking $2 million for each alleged trademark infringement, plus fees, punitive damages and any profits stemming from the items’ sale.
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