Burberry files trademark infringement lawsuit against TJ Maxx

Legal news for New York business litigation attorneys. Luxury fashion house Burberry, filed a trademark infringement lawsuit against off-price stores.

New York business litigation lawyers alert- Burberry filed a trademark infringement lawsuit against TJX Cos for counterfeit products.

New York, NY—Burberry, a British luxury fashion house, has filed a trademark lawsuit against off-price retail stores TJ Maxx, Marshalls and HomeGoods stores, who are operated by TJX Cos, for selling various counterfeit products. The case Burberry Ltd v. The TJX Companies Inc, U.S. District Court, Southern District of New York, No. 10-01711, was filed on March 3, 2010 in the Manhattan federal court, as reported by Reuters.

Burberry, who is famous for what they call their “Burberry Check,” which consists of a cross-hatched design using camel, red, black and white colors, claimed its trademarks “have become famous and serve to symbolize Burberry and its reputation as a manufacturer of high-quality luxury brand products.” The lawsuit accuses the named retail outlets of selling numerous trademark items like jackets, picture frames, polo shits, scarves and luggage, during a four-year period. Through the sale of the trademark-infringing products, Burberry alleges that TJX stores are trying “to attract their target customer base and profit at Burberry’s expense.” A TJX spokesperson released and statement that claims “the company was ‘disappointed’ by Burberry’s claims, and that it has ‘not attempted to fool anyone’ into believing they were buying Burberry products. She said TJX is contacting vendors who sold it the goods at issue.”

Burberry is seeking to stop the sale of the infringing products, the destruction of unauthorized products, a requirement that TJX make “corrective advertisements,” triple damages and other various corrective measures.

Legal News Reporter: Nicole Howley-Legal news for New York business litigation lawyers.