In a complaint filed on Tuesday in U.S. District Court, Southern District of New York, British luxury fashion brand, Burberry, accused U.S. retailer, J.C. Penney, of selling jackets featuring the designer’s famous “BURBERRY CHECK Trademarks”.
“Attempting to capitalize on the strength and worldwide fame of the BURBERRY CHECK Trademark, the Defendants have offered for sale and sold merchandise, including scarf coats and jackets, which display the BURBERRY CHECK Trademark or substantially indistinguishable reproductions thereof.”
Burberry claimed that it has used its BURBERRY CHECK Trademarks since the 1920s, in both the original colors of red, camel, black and white, as well as other color combinations for over three quarters of a century. The company also claimed that despite its objections to their use of the BURBERRY CHECK Trademarks on Scarf Coats and Quilted Jackets, J.C. Penney kept selling for approximately two additional months.
“Defendants, without authorization or license from Burberry, have willfully and intentionally used, reproduced and/or copied the BURBERRY CHECK Trademarks in connection with the sale and offer for sale of infringing Burberry products. Defendants have offered for sale and sold a ‘Scarf Coat’ that features an exact copy of the BURBERRY CHECK Trademark on a scarf sold with an accompanying coat. Neither the scarf nor the ‘Scarf Coat’ was manufactured, packaged, or approved for sale and/or distribution by Burberry….”
Also named as a Defendant is The Levy Group Inc., a New York clothing distributor that allegedly supplied the products to J.C. Penny.
Burberry is seeking to put a stop to further infringements, plus either triple damages, the disgorgement of illegal profit, or up to US$2 million for each infringed trademark.
Click to view Complaint: Case Number 1:16-cv-00982,: Burberry Ltd v. JC Penney Corp et al, U.S. District Court, Southern District of New York.