Burberry (London) has sued JCPenney (Plano, Texas) and The Levy Group (New York) for trademark infringement, stemming from a scarf coat and quilted jacket made by Levy and sold by JCPenney that, according to the suit, feature the Burberry check pattern without Burberry’s permission.
According to the legal documents, the plaid pattern is close enough to cause many customers to believe the JCPenney products are genuine Burberry products or were created in partnership with the retailer. Burberry is seeking up to $2 million for each trademark that was counterfeited and infringed, among other damages.
Burberry first introduced the check pattern in the 1920s and since then, has devoted resources to promote the proprietary trademark, reports Women’s Wear Daily.