European luxury fashion brand, Burberry is filing a lawsuit against J. C. Penney Co for replicating their signature checked pattern on their products.
In the court documents filed on Tuesday, the British fashion label accuses J.C. Penney for selling quilted jackets and "scarf coats," or scarves with matching coats with the design of Burberry's checked pattern. Burberry claimed that they have been using the iconic checked design since the 1920s on its products with original red, black and white, camel and other color combinations. They also allege that the Plano, Texas-based department store has been selling their products with the same pattern even after two months of notifying them, Fortune reports.
"Even though defendants' infringing products are of inferior quality, they appear superficially similar to genuine Burberry products," Burberry said. "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 distributor believed to be supplying the copied merchandise, was also named as a defendant in the lawsuit. Reuters claims that Burberry is seeking to stop J.C. Penney from reproducing and selling more products bearing their checked patterns. The famed brand also wants financial repatriation amounting to up to $2 million for each infringed trademark, triple damages, or all the profits they garnered for selling the checked pattern.
"By their actions, and their knowing and conscious disregard for Burberry's rights to the famous Burberry check trademarks, defendants activities are willful," Burberry says in the court papers.
According to Biz Journals, J.C. Penney faced two litigations late last year. In November, it settled a class action lawsuit wherein it paid $50 million. In December, the federal Trade Commission asked them to pay $290,000 fine for falsely labeling Muk Luk men's socks.
As of this late, J.C. Penney or Levy haven't commented on the case.
