TheBurberry & Target Trademark Battle

Another trademark battle has hit the news, this time between Britain’s fashion brand Burberry and the popular retail store Target.

Burberry is known for their iconic check pattern and has been around since the 1920s, really growing in popularity in the 1990s and early 2000s. The check pattern has become so recognizable, that even regular shoppers associate the pattern with the Burberry brand. This is why Burberry went ahead and was able to trademark their famous check pattern.

Looking to bring the pattern back, Burberry was on a mission to make their check pattern trendy again. Back in 2017, they noticed that Target had been selling items in the check pattern with products ranging from water bottles to eyeglasses and even luggage. Burberry ended up sending Target a cease and desist letter last year. But when the retailer started selling scarves in the iconic pattern, Burberry decided to take the issue to the New York Southern District Court.

In court, Burberry stated that Target selling items in the pattern is a “repeated, willful and egregious misappropriation of Burberry’s famous and iconic luxury check trademark”. Adding that the quality of the products sold at Target are not as high quality as Burberry’s, but that the items looking alike has diluted Burberry’s hard earned reputation.

This is not the first-time Burberry has sued another company over use of their check trademark. Just a few years ago, Burberry also sued JcPenney for selling items in the check pattern as well.

Fashion copycats happen all the time, especially since American Copyright Law doesn’t protect fashion. But Burberry actually owns the trademark on the check pattern, making things a little different in this case.Anytime you feel like another company is using your trademark, always contact a Scottsdale trademark lawyer to know your rights.