Burberry Sues JCPenney Over Check Pattern

Pic: JCPenney

JCPenney under the cosh again as Tuesday when luxury apparel maker Burberry filed suit against the retailer for trademark infringement reported BrandChannel. Burberry claims JCPenney is selling outerwear that features the “famous Burberry check” pattern that mimics its signature look too closely.

The particular objects that drew Burberry’s ire are scarves sold with matching coats. In addition, Burberry is upset that JCPenney continued selling the pieces for months after the former informed the latter of the issue, Reuters reports

“Even though defendants’ infringing products are of inferior quality, they appear superficially similar to genuine Burberry products,” Burberry said, according to the wire service. “Defendants’ actions are intended to deceive and mislead consumers into believing that defendants’ or their products are authorized, sponsored by or connected to Burberry.”

Burberry took another swing at JCPenney in the filing by calling its clothing “substandard,” the New York Post reports. 

What’s not mentioned in Burberry’s suit: the period in which the iconic British brand ditched its familiar check after it became associated with working-class Brits who caused such trouble that some bars wouldn’t allow anyone sporting Burberry plaid in the door, Marketplace observed.

But that was then. Now, Burberry would like JCPenney to shell out for the alleged infringement. The apparel maker is asking for triple damages, any profit, or up to $2 million for each trademark that has been infringed.

Content thanks: BrandChannel

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Coca-Cola Trademark Battle to Trademark ‘Zero’ Continues

Coca-Cola

COCA-COLA has been trying to trademark the word “zero” for the best part of 13 years and last month, Canada rejected Coca-Cola Company’s attempt to trademark the rights to the common English word for its diet drink brands—including Coca-Cola Zero, Sprite Zero and Powerade Zero.  The major brand leader will reportedly get the news on whether it has won or not later this year.

If Coca-Cola is given the rights, it can then sue imitators that have used the word, the Wall Street Journal reports. The first rival Coke would likely go after is Dr Pepper’s Diet Rite Pure Zero.

Losing the case, however, would allow other companies to start using “zero” in their product names.

You may remember, the battle for “zero” started when Dr Pepper challenged Coke’s trademark application, noting that there were then 32 other beverages not owned by Coke that used the term “zero,” such as Monster Energy Zero Ultra, Virgil’s Zero and Arnold Palmer Zero, Fortune reports. PepsiCo also got in on the fight, and UK and Canadian regulators ruled against Coca-Cola. 

Now it is America’s turn.

Coca-Cola main argument, appears to centre around the fact that “zero” is associated with its company because of “extensive advertising, promotion and sales.” Coke would love to have the rights to help push its Coke Zero more aggressively. In its latest earnings report issued Tuesday, the company reported a growth of 6 percent for Coke Zero across the globe while Diet Coke and Coke Light dropped by 6 percent.

The outcome may well set a legal trademark precedent no doubt for future disputes, will keep you posted.

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