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  1. #1
    \(^.^)/ Jennifer's Avatar
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    Default Burberry accuses TJMaXX of selling counterfeit goods

    Burberry alleges TJX mimicked familiar "check" pattern

    I found this article via reuters.com
    * Burberry alleges TJX tried to profit at its expense
    * TJX says not trying to fool customers


    By Jonathan Stempel
    NEW YORK, March 10 (Reuters) - Burberry Group Plc (BRBY.L), a maker of luxury apparel, scarves and handbags, has sued TJX Cos (TJX.N), accusing the operator of the off-price TJ Maxx, Marshalls and HomeGoods stores of selling counterfeit goods.


    The trademark lawsuit was filed in Manhattan federal court on March 3, the same week the handbag and briefcase maker Coach Inc (COH.N) filed a similar complaint against discount retailer Kmart Corp, a unit of Sears Holdings Corp (SHLD.O).


    Luxury goods companies are protective of their trademarks, fearing that misuse will damage their reputation, confuse consumers and reduce sales.


    Burberry is perhaps best known for what it calls its "Burberry Check" trademark, a cross-hatched design typically using camel, red, black and white colors.


    The British retailer said its trademarks "have become famous and serve to symbolize Burberry and its reputation as a manufacturer of high-quality luxury brand products."
    In its lawsuit, Burberry accused TJX of selling various trademark-infringing products such as jackets, picture frames, polo shirts, scarves and luggage, over the past four years.
    By selling counterfeit goods, Burberry said, TJX stores are trying "to attract their target customer base and profit at Burberry's expense."


    In a statement, TJX spokeswoman Sherry Lang said the Framingham, Massachusetts-based company was "disappointed" by Burberry's claims, and that it has "not attempted to fool anyone" into believing they were buying Burberry products. She said TJX is contacting vendors who sold it the goods at issue.


    TJX has been ramping up its upscale offerings, including such brands as 7 For All Mankind and Tahari, putting it into more direct competition with such retailers as Macy's Inc (M.N) and Saks Inc (SKS.N).


    Burberry seeks to halt the sale of infringing products, the destruction of unauthorized products, a requirement that TJX make "corrective advertisements," triple damages and other remedies.


    The case is Burberry Ltd v. The TJX Companies Inc, U.S. District Court, Southern District of New York, No. 10-01711. (Reporting by Jonathan Stempel; additional reporting by Phil Wahba; editing by John Wallace and Andre Grenon)

  2. #2
    Official Bagista kmarney1's Avatar
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    Default Re: Burberry accuses TJMaXX of selling counterfeit goods

    This is the grey line between knock off and inspiration. We just went out on a double date and the girl is with Diva Girl and has home shows for bags "inspired by" designers. She insists they are not knock offs. Of course I had to be nice about it. I haven't seen her line but I wonder.... many handbags out there by no names are inspired by major designers in shape, color, hardware, etc. Those of us who know the difference wouldn't carry these but we've even seen major designers "inspired by" other major designers! Where is the line when they go too far? There are so many people who can't even afford to buy Coach let along Bottega, Chanel and others... In this instance, does Burberry "own" camel plaid? Does Chanel "own" quilting on bags? I think the line is when they are saying they "are" authentic and try to closely duplicate logos and such. But when the variations are significant, is that infringement? What do you all think?
    In Tireless Pursuit of the Ultimate Handbag

  3. #3
    Rising Bag Star psychomom's Avatar
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    Default Re: Burberry accuses TJMaXX of selling counterfeit goods

    For me personally it is a question of deception.If someone knowingly buys a designer replica or even a fake it should be an informed decision.They should know it is not real and that they are getting what they pay for. The thing that really gets me is when people sell bags as real when they are fake .I think it is plain and simple fraud to imply or say a bag is real when it is not and that should be punishable by law. I know alot of ppl who happily buy and carry "replica" bags and that is fine that is up to them . I do not care one way or another. I have accepted that not everyone wants to invest the kind of money I do into authentic bags and that it is so easy to go to a party and get a "designer" bag . So the only real issue I have is when someone fraudulently sells a knockoff bag to an unknowing buyer.That is crappy !

  4. #4
    Rising Bag Star chickie's Avatar
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    Default Re: Burberry accuses TJMaXX of selling counterfeit goods

    Quote Originally Posted by kmarney1 View Post
    This is the grey line between knock off and inspiration. .... many handbags out there by no names are inspired by major designers in shape, color, hardware, etc. Those of us who know the difference wouldn't carry these but we've even seen major designers "inspired by" other major designers! Where is the line when they go too far?

    this is exactly what i was thinking. we see desingers that are supposedly 'inspired' by other designs and incorporate distinct elements of other designs into their own bags.
    is this ok because they are 'friends' with these other designers? because they admit they are inspired by other designers?
    is imitation the sincerest form of flattery only when you are being imitated by another high-end designer?
    hmmmm... maybe something RED next

  5. #5
    Rising Bag Star psychomom's Avatar
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    Default Re: Burberry accuses TJMaXX of selling counterfeit goods

    I have read several places before that Marc Jacobs is not bothered by "inspired" pieces .He actually said he considered it flattery. So I guess it is up to the individual designer. Not everyone can afford the expense of designer clothes and accessories .Plus the whole idea of style watching is to get"inspired" by what you see and try and implement it in your own life. For alot of people that is having to go online or to the mall and find something that works.Let's face it much of what we see in magazines and on the runway is not doable for alot of us. Either due to size or financial restrictions or plain practicality .

  6. #6
    *The TBF Elite* FedUp's Avatar
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    Default Re: Burberry accuses TJMaXX of selling counterfeit goods

    psychomom.
    "You never know how strong you are, until being strong is the only choice you have."

  7. #7
    *The TBF Elite* FedUp's Avatar
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    Default Re: Burberry accuses TJMaXX of selling counterfeit goods

    Quote Originally Posted by chickie View Post
    this is exactly what i was thinking. we see desingers that are supposedly 'inspired' by other designs and incorporate distinct elements of other designs into their own bags.
    is this ok because they are 'friends' with these other designers? because they admit they are inspired by other designers?
    is imitation the sincerest form of flattery only when you are being imitated by another high-end designer?
    ITA.
    "You never know how strong you are, until being strong is the only choice you have."

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