Burberry takes aim at Target in trademark infringement claim

Fashion brand Burberry has brought a trademark infringement and counterfeiting claim against US-based discount store Target over the use of Burberry’s famed check pattern.

The high-end fashion brand filed its claim on Saturday, May 5, at the US District Court for the Southern District of New York.

According to the claim, Target—which has nearly 2,000 stores across the US—has infringed Burberry’s ‘luxury check’ trademarks (known collectively as the ‘Burberry check’ trademark).

The ‘Burberry check’ trademark was first introduced in the 1920s and has been used on several products since then. Burberry’s trademark is registered without any colour designation as well as with the distinctive red, camel, black and white check colour pattern, which means it has the exclusive right to use the ‘Burberry check’ trademark in any colour combination.

“Despite being aware of Burberry’s exclusive trademark rights, Target nevertheless has repeatedly infringed these rights by selling a variety of products bearing close imitations and counterfeits of the ‘Burberry check’ trademark, including eyewear, luggage, stainless-steel bottles, and, most recently, scarves,” said the claim.

Burberry alleged that Target’s scarves are “superficially indistinguishable” from its own scarves.

In 2017, Burberry sent Target a cease-and-desist letter regarding the sale of several products—including eyewear, luggage and bottles—which were allegedly unauthorised reproductions of the Burberry check trademark.

The claim said that Target continued to conduct infringing activity by selling scarves within months of receiving the letter regarding the other products.

Burberry claimed that Target’s infringing activity has significantly injured its reputation and goodwill, as well as diluting the distinctiveness of its trademark. It also said that the activity has caused consumers to believe that the products are affiliated with, endorsed or authorised by the fashion brand—or that the products are genuine Burberry products.

“Moreover, Target’s well-publicised 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,” said Burberry.

Burberry is requesting damages and an injunction against Target to prevent it from reproducing the allegedly infringing products.