Fashion Law: Burberry sues Producer & Rapper Perry Moise for Trademark
English fashion house, Burberry has recently filed a lawsuit in the Southern District of New York against producer and rapper, Burberry Perry for trademark infringement and dilution. Perry Moise dropped the burberry reference, in the light of the lawsuit and goes by The Good Perry now. He was allegedly using the London brand’s registered check pattern and sequestration trademark in connection with his album and social media handles. The dilution and infringement was declared as using the brand’s “fame and renown Burberry trademark for his own personal gain”. By using the brand’s notoriety, he was garnering fans and attention for his album promotions.
The official documents state his real name is Perry Moise, by choosing “Burberry” as his alias stage name, he was able to promote his self-titled EP. It was digitally released in May, including a track that features Kylie Jenner and her best friend, Jordyn Woods. Although, Moise refused to comment on the suit. He released a tweet of his name change, “I am now the one, the only thegoodperry aka TG Perry. I am no longer Burberry Perry.” The Atlanta- based rapper has since removed all artwork associated with the English brand off his Soundcloud page and social media accounts.
Even with the quick change on Moise’s part, Burberry is still seeking a preliminary and permanent injunction from the rapper. As Burberry was the first fashion brand to obtain its own channel on Apple Music, there is a unquestionable concern on the brand’s part about the two being mistaken by consumer confusion. This is where the trademark infringement comes into play as for trademark dilution, it weakens a famous mark’s ability to identify and distinguish goods and services in a marketplace.
Burberry released the following statement in correlation with the lawsuit: “As a global luxury brand, Burberry considers the protection of its intellectual property vital for the health of its business and to safeguard its customers. As such, Burberry goes to great lengths to protect its creative designs and will take all necessary action against the abuse of Burberry trademarks.”
Aside from the name change, Perry cannot be reached for further comment.by