Burberry sues Target for copying its check pattern

By

Cassidy Mantor

Published
May 10, 2018

Burberry has accused Target of copying its trademarked check pattern and claims the mass retailer is violating the brand's rights by using the pattern across numerous categories despite receiving a cease and desist letter.

In the lawsuit filed in NY federal court, Burberry argues, "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."

According to the lawsuit, Burberry sent Target a cease and desist letter early last year. Burberry demanded Target stop using the check pattern across multiple categories including scarves, luggage, eyewear and home goods.

Burberry's complaint adds that Target's "well-publicized 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."

At the crux of the lawsuit is a trademark dilution claim. Burberry has become an active litigant, protecting its intellectual property as its core brand identifier. The British retailer has recently fought against counterfeit goods makers as well as other retailers who have misused Burberry's iconic check.

Despite there being no law yet that specifically protects fashion designs in the US, Burberry's check pattern is one of the textbook examples used in US fashion law of design elements that can be protected. Accordingly, Burberry is fighting in court to protect its intellectual property and preserve its overall brand value.

Burberry is seeking $2M per infringement for a total of $8M in statutory damages, lost profits and punitive damages, as well as injunctive relief for Target to stop selling the checked products.