Burberry Accuses J.C. Penney of Ripping Off its Check Pattern

February 9, 2016, 9:13 PM UTC
Kate Moss Modelling Contracts At Risk
LONDON - SEPTEMBER 23: An advertisement for Burberry featuring the face of the campaign Kate Moss is displayed in Knightsbridge on September 19, 2005 in London, England. Moss's modelling contracts are under threat following revelations of her drug taking and troubled private life with her reportedly now ex-boyfriend Pete Doherty. (Photo by Gareth Cattermole/Getty Images)
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British high end fashion brand Burberry (BURBY) is suing J.C. Penney (JCP), accusing the mid-tier department store of infringing on its signature “Burberry check” pattern.

Burberry claimed in a suit filed in U.S. District Court in Manhattan on Tuesday afternoon that it has suffered “substantial and irreparable injury.” The British fashion house said Penney had been illegally selling “quilted jackets” with the pattern, as well as “scarf coats” in which scarves with the pattern were sold with matching coats. Burberry claimed that Penney kept selling the items in question for two months after learning of its objections.

A J.C. Penney spokeswoman declined to comment, citing company policy on pending litigation.

Taking a dig at Penney, which caters to more frugal customers, Burberry said in the court filing that “even though defendants’ infringing products are of inferior quality, they appear superficially similar to genuine Burberry products.” It then said Penney had intended to “deceive and mislead consumers into believing that defendants’ or their products are authorized, sponsored by or connected to Burberry.” The London-based company said it has held the check trademark since the 1920s.

The lawsuit seeks a halt to further infringements, as well as either triple damages, the disgorgement of illegal profits, or up to $2 million for each infringed trademark, Reuters reported.

Penney gets about 51% of its sales from in-house brands of clothes and home goods.