Check Yourself: Burberry And Target Square Off Over IP

Law360 (June 6, 2018, 3:54 PM EDT) -- British luxury fashion house Burberry Limited recently filed an $8 million-plus lawsuit in the Southern District of New York, alleging a handful of claims arising from violation of its trademark rights by Target Corporation and its subsidiary Target Brands Inc. The complaint alleges that Target is selling “blatant reproductions” of Burberry’s world famous check trademark and its conduct constitutes “repeated, willful and egregious misappropriation of Burberry’s famous and iconic luxury check trademarks.”

Significant issues in the case are likely going to be secondary meaning and the aesthetic functionality doctrine. Although color alone is rarely protected, a combination of colors together with...

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