Burberry and Target: The war of the Plaids

Burberry has filed a US lawsuit against Target on the grounds of Target’s “repeated, willful, and egregious misappropriation of Burberry’s famous and iconic check trademarks”. Burberry's checked pattern is a federally registered trademark in red, camel and black-and-white, and has been in circulation since the 1920s. 

Burberry's plaid, Image by Word Press.

The company stated that it had invested significant time, energy and money advertising, promoting and selling merchandise featuring the Burberry Check trademark.

Target Plaid Scarves,Image by Word Press

In 2017, copies of Burberry’s plaid signature scarves were displayed on Target’s shelves without Burberry’s permission. Burberry first sent Target a cease-and-desist letter in early 2017 but the infringement continued despite this as the infringing wares were still on Target’s shelves. The suit filed by Burberry claims that Target copied its trademarked plaid on eyewear, luggage, stainless-steel bottles and scarves and it reads as follows;

·                  "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.

·                  "Target's conduct is wilful, intentional and represents a conscious disregard for Burberry's rights in the Burberry Check trademark and a calculated decision to misappropriate the enormous goodwill represented by the Burberry Check trademark.

In response to the above, a Target spokeswoman stated, "At Target, we have great respect for design rights," she says. "We are aware of the filing by Burberry and hope to address the matter in a reasonable manner."Burberry is suing for damages of around $8 million for each trademark violation, according to the filing.