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Burberry sues Target over check pattern

By Kristopher Fraser

May 9, 2018

Burberry's check pattern is known for being on garments that were neither Burberry designed or approved. Needless to say, they are tired of it.

On May 2, Burberry filed a lawsuit against the latest perpetrator, Target Corporation and Target Brands, Inc., accusing them of selling numerous products that infringe on Burberry's check trademark including eyewear, luggage, stainless-steel bottles and scarves. Burberry originally sent Target a cease and desist letter in 2017.

"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," the complaint states. Burberry says that it would be very easy for consumers to believe that the products are connected to their brand given Target's history of designer collaborations. 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 complaint also stated.

Burberry goes after Target for trademark infringement

Burberry is seeking damages worth up to 2 million dollars, in addition to an injunction barring Target from selling any infringing products and destroying any remaining products.

Burberry's check trademark has been a source of many trademark battles over the years. J.C. Penney and Body Glove have been on the receiving end of trademark lawsuits from the British luxury fashion house. The J.C. Penney Case was eventually settled out of court.

With the trend around logomania and their recent collaboration with Gosha Rubchinsky, it's no wonder Burberry is extra invested in protecting its trademark check pattern. The power of their iconic pattern is more relevant than ever.

Target did not immediately reply for further comment.

photo: via Neimanmarcus.com