Burberry files TM suit against counterfeiters
UK-based luxury fashion house Burberry has filed a trademark infringement lawsuit against online counterfeiters.
Burberry filed its lawsuit (pdf) at the US District Court for the Northern District of Illinois, Eastern Division, on Wednesday, November 30.
The fashion company said that the counterfeiters infringed its marks, falsely designated the goods’ origin and violated the Illinois Deceptive Trade Secrets Act.
Burberry argued that the counterfeiters sold fake versions of their products online.
The suit said that the counterfeiters have created internet stores by the “hundreds or even thousands” and designed them to appear to be selling genuine Burberry products, while they were actually selling counterfeit Burberry products to unknowing consumers.
Burberry added that it “continues to be irreparably damaged through consumer confusion, dilution, and tarnishment of its valuable trademarks”.
The company has owned marks for the term ‘Burberry’ at the US Patent and Trademark Office since 1929. They cover classes including 9,18, 20 and 25, citing goods such as jackets, socks and purses.
The defendants, who are as yet unidentified, allegedly sold their fake versions of Burberry’s products on e-commerce sites eBay, AliExpress, Alibaba and iOffer.
Additionally, the counterfeiters often use multiple fictitious names to operate their “massive network” of internet stores.
The clothing business added that the counterfeiters have “knowingly and wilfully” used its marks in connection with the sale of fake Burberry products.
Burberry is asking for profits, statutory damages for wilful trademark infringement of $2 million for each use of its marks, $100,000 per domain name that incorporated its marks, attorneys’ fees and costs.
