Fashion Law: Burberry Files Lawsuit Against J.C. Penney
Luxury fashion brand, Burberry, is filing a lawsuit against not-so-luxury retailer J.C. Penney for copying their signature checked pattern. The court documents, filed on Tuesday, stated that the British label “accuses J.C. Penney [of] selling quilted jackets and ‘scarf coats,’ or scarves with matching coats with the design of Burberry’s checked pattern.”
Burberry laid claim of their rights to the pattern dating back to the 1920s and pinpointed a J.C. Penney store in Plano, Texas that has been allegedly selling their products with a replicated pattern for two months, even after Burberry’s request to desist.
A representative from Burberry commented “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.”
The Levy Group, a Manhattan-based distributor believed to be held responsible for supplying the copied merchandise, was also named a defendant in the lawsuit. Burberry is seeking to prevent J.C. Penney from copying and selling any product resembling their checked pattern in addition to financial repatriation totaling up to $2 million for each infringed trademarked, triple damages, or all the profits reaped from selling such goods.
This isn’t the first time a fashion house has battled copyright infringement. Check out www.fashionboss.com to read about other cases!by