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Burberry files lawsuit against JC Penney for alleged trademark infringement

RBR Staff Writer Published 10 February 2016

UK-based luxury brand Burberry Group has filed a lawsuit against department store chain JC Penney for alleged trademark infringement for selling outerwear that seemed similar to its pattern.

burberry scarf

The lawsuit, which was filed in the US district court in Manhattan, alleged JC Penney of unlawfully selling "quilted jackets" similar to "Burberry check" patterns, along with scarf coats, reported Reuters.

Burberry claimed that it has been using the trademarked checks pattern since 1920s in colour combinations such as red, white, black and camel colour combinations.

The luxury brand also alleged that JC Penney continued selling similar type of the products even when Burberry had disapproved it, the publication reported.

The Levy Group, which had supplied the merchandise to JC Penney, was also named as a defendant in the lawsuit.

Burberry was quoted by Reuters as having stated: "Even though defendants' infringing products are of inferior quality, they appear superficially similar to genuine Burberry products. Defendants' actions are intended to deceive and mislead consumers into believing that defendants' or their products are authorized, sponsored by or connected to Burberry."

Burberry seeks to prevent any further infringements in addition to either triple damages, the disgorgement of profits earned unlawfully, or up to $2m for every trademark infringement, reported Reuters.


Image: JC Penney accused of selling counterfeit scarves with the check pattern. Photo: Courtesy of Simon Ebner/Wikipedia.