Cognate's Trademark Blog

Burberry Take On Target In The US Over, “repeated, willful, and egregious misappropriation of Burberry’s famous and iconic check trademarks.”

Well… that’s about as clear as one can be! The fashion law blog reports on what is likely to be a huge ding dong battle as both try to defend their corner.

FLB  write,  “An ugly legal battle has been brewing between one of America’s largest big-box retailers and one of Britain’s most esteemed luxury brands.  While the fashion media has been busy speculating as to what exactly Burberry will look like under the direction of its new creative director Riccardo Tisci, the British luxury stalwart has been readying to take on Target in a fight over the retail giant’s  “repeated, willful, and egregious misappropriation of Burberry’s famous and iconic check trademarks.”

According to the $8 million-plus trademark infringement and counterfeiting lawsuit that Burberry filed in a New York federal court on Wednesday, Target has been selling products bearing “blatant reproductions” of Burberry’s world famous check trademark for over a year and will not stop.

Turns out, after Target began selling an array of “products bearing unauthorized copies of the Burberry check trademark,” including “eyewear, luggage, and water bottles,” early last year, Burberry sent the retailer with a cease and desist letter, alerting it of Burberry’s exclusive rights in the checkered pattern.

Fast forward several months from the date that Target received Burberry’s cease and desist letter and “despite being aware of Burberry’s exclusive trademark rights,” Target began offering a number of scarves for sale, all of which bore Burberry’s legally-protected check print.

Burberry asserts in its complaint that “the fact that Target continued its unlawful conduct by selling the infringing scarves within months of receiving Burberry’s cease-and-desist letter …  demonstrates Target’s intent to continue selling infringing merchandise without regard for Burberry’s intellectual property rights.” It continues on to allege that “Target’s conduct is willful, intentional, and represents a conscious disregard for Burberry’s rights in the Burberry check trademark and a calculated decision to misappropriate the enormous goodwill represented by the Burberry check trademark.”

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