Burberry takes counterfeiters to court in TM claim

UK-based fashion brand Burberry has lashed out at online counterfeiters in a trademark infringement claim.

Filed at the US District Court for the Northern District of Illinois, Eastern Division on Monday, January 30, the lawsuit claimed that the defendants had sold counterfeit goods on online marketplaces.

“The defendants create the defendant internet stores by the hundreds or even thousands, and design them to appear to be selling genuine Burberry products while actually selling counterfeit Burberry products to unknowing consumers,” said the suit.

Burberry has continuously used its trademarks for more than 80 years. The trademarks include the ‘Burberry check’ design, ‘Burberry’, and the ‘equestrian knight’ mark.

According to the claim, the counterfeiters are based in China or other foreign jurisdictions.

Burberry added that the products for sale “bear similar irregularities and indicia”, which suggests that the counterfeits were manufactured by and come from a common source and that the defendants are interrelated.

The fashion brand is seeking injunctive relief, the transfer of the infringing domains, an account of profits, statutory damages for wilful counterfeiting of $2 million for each use of the Burberry trademarks and $100,000 per infringing domain.

Burberry also asked for an order that would see marketplace platforms disable and cease providing services being used by the defendants.

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