Burberry Sues Target For Infringement Over Use of Check Pattern Design
Image credit: Eva Al Desnudo @ Fashion, Law & Business
British luxury fashion brand Burberry is suing US based retailer Target for alleged trademark infringements over its iconic checkered plaid pattern. Burberry believes Target has used its pattern on its own brand of eyewear, luggage and water bottles.
The lawsuit, filed on May 2 in New York against both Target Corporation and Target Brands, Inc., accuse them of selling a number of products that infringe on Burberry's check trademark. Items include eyewear, luggage, stainless-steel bottles and scarves that "represents a conscious disregard for Burberry’s rights in the check Trademark," says the complaint.
As the complaint explains, this was not first time that Target Corp had been put on notice of infringing the British brands rights. Burberry claims it sent Target a cease and desist in early 2017, and "by selling the Infringing Scarves within months of receiving Burberry’s cease-and-desist letter regarding the Infringing Eyewear, Luggage, and Bottle demonstrates Target’s intent to continue selling infringing merchandise without regard for Burberry’s intellectual property rights."
According to the British brand, "Target’s misuse of the Burberry Check Trademark on counterfeit and infringing merchandise has significantly injured Burberry’s hard-earned reputation and goodwill, and has diluted the distinctiveness of the famous Burberry Check Trademark," reads the complaint.
As per the complaint document images: "left are images of genuine Burberry scarves bearing the famous check Trademark. On the right are images of two scarves offered for sale by Target and promoted as “Fashion Scarves.” Described in the complaint document as "Target’s copycat scarves."
Burberry also asserts that "Target’s conduct is likely to cause consumers to believe mistakenly that the Infringing Products are either affiliated with, endorsed or authorized by, or somehow connected to Burberry, or that the Infringing Products sold and promoted by Target are genuine Burberry products," adding that "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."
Burberry seeks an injunction preventing Target from selling any infringing products, and in particular "using the Burberry check Trademark or any other reproduction, counterfeit, copy or colorable imitation of the Trademark on or in connection with any goods or services" says the complaint.
Burberry is seeking monetary damages of $2 million for each trademark that it alleges Target has infringed, in addition to the cover of its legal fees.