Dive Brief:
- Burberry filed suit against J.C. Penney and one of its suppliers, the Levy Group, in U.S. District Court this week over charges of trademark infringement.
- J.C. Penney allegedly sold scarves, jackets, and coats featuring an exact copy of the “Burberry check” pattern — the familiar camel, red, and black plaid the luxury brand has used for almost 100 years.
- Burberry is seeking a halt to infringement and triple damages, repayment of all profit associated with the sale of the goods, or up to $2 million per trademark infringed-upon.
Dive Insight:
Burberry is again seeking to protect its familiar plaids in court, this time filing suit against department store chain J.C. Penney for selling quilted jackets and scarf-and-coat ensembles bearing what it says are exact copies of its signature check. The company supplying the alleged counterfeits, Levy Group, was also named in the suit.
The British luxury brand charges that J.C. Penney continued to sell the items for at least two months after learning of possible infringement issues.
With the proliferation of cheap knockoffs sourced from China, luxury brands such as Hermès, Chanel, and Gucci have increasingly sought to protect their distinctive trademarks against infringement. Burberry prevailed in a similar suit filed in 2010 against TJX Companies, parent of discount chains T.J. Maxx, Marshalls, and HomeGoods, winning $100 million in damages.
