Burberry Succeeds in Obtaining Court Injunction Against Chinese Copycat Brand

Image: Burberry Autumn/Winter 2020

Burberry has been successful in obtaining a preliminary injunction against Xinboli Trading (Shanghai) Co., Ltd, the owner of the Chinese brand Baneberry, for trademark infringement by a court in the Chinese city of Suzhou; - according to a report in The National Law Review.

Baneberry, a fast-growing Chinese brand has opened 40 physical stores in China in the last year and a half. While the two Baneberry trademarks in dispute had been jointly approved for trademark registration, in 2009 and 2011. The court noted that, Burberry’s trademarks were already well known before the registration date of Baneberry’s.

Evidence from this case shows that the alleged infringing trademark holders used the same special font as the Burberry brand to market their Baneberry products, in parallel with the same or similar patterns. Added to this, the case noted the marketing tactics used by the brand Baneberry, whom declared that the brand “originated in Jermyn Street, England, and its most symbolic ‘British lattice’ is a classic element in the fashion industry ,” could be grounds for unfair competition.

“The Court declared the injunction urgent, because Baneberry and Burberry sell products via similar sales channels ”

The Court declared the injunction urgent, because Baneberry and Burberry sell products via similar sales channels that could lead to customer confusion. Further, the threat posed by sale of Baneberry goods online would weaken “the distinctiveness and recognizability Burberry’s well-known trademarks.”

The case is still currently ongoing!