Burberry sues Target for copying its famous check

From Harper's BAZAAR

As one of its most instantly recognisable signatures, Burberry's heritage check is synonymous with the luxury British brand. Little wonder then that the fashion house is going all out to protect it.

Burberry has filed a trademark infringement and counterfeiting lawsuit against American retailer Target, alleging that the chain has been selling products that feature "blatant reproductions" of its iconic check print, reports WWD.

In a suit filed last week in a New York court, Burberry accuses Target of "repeated, willful, and egregious misappropriation of Burberry’s famous and iconic luxury check trademarks".

According to the suit, the British brand first called Target out on its copycat designs in early 2017, sending the American giant a cease-and-desist letter over products including eyewear and luggage. Rather than complying, Burberry alleges that Target then began selling checked scarves, which is one of Burberry's most lucrative and well-known product categories.

The suit claims that these scarves were "superficially indistinguishable" from the originals, despite their poorer quality and significantly lower price point.

Burberry argues that due to Target's history of collaborating with high-end designers (they've previously worked with the likes of Victoria Beckham, Hunter and Peter Pilotto), customers could easily be confused into thinking that these are official Burberry-endorsed products.

“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,” the lawsuit contends.

Burberry is seeking $2 million for each alleged trademark infringement, plus fees, punitive damages and any profits stemming from the items’ sale, reports WWD.

Burberry's famed heritage check was first introduced in the 1920s and has been reinvented countless times over the years. Most recently, Christopher Bailey's final London Fashion Week show featured a rainbow version of the print, in support of LGBTQ+ charities.

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