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Tuesday 09 February 2016 11:44 pm

Burberry sues US retailer JC Penney accusing it of trademark infringement over coats, jackets and scarves allegedly featuring the “Burberry check” pattern

By: Caitlin Morrison

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British luxury fashion brand Burberry has filed a complaint against US retailer JC Penney, accusing it of trademark infringement for selling coats and jackets bearing exact copies of the "Burberry check" pattern.

Burberry has accused the company of illegally selling quilted jackets with the pattern, as well as "scarf coats" in which scarves carrying the pattern were sold with matching coats. It also alleges JC Penney continued to sell the goods for months after learning of the designer brand's objections.

The iconic British brand said it has used its check trademark since the 1920s, in its original red, camel, black and white color combination as well as other combinations.

"Even though defendants' infringing products are of inferior quality, they appear superficially similar to genuine Burberry products," Burberry said.

"Defendants' actions are intended to deceive and mislead consumers into believing that defendants' or their products are authorized, sponsored by or connected to Burberry."

Shares in FTSE-listed Burberry Group closed down 2.33 per cent yesterday.

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