Burberry Is Suing Target for Knocking Off Its Iconic Plaid Pattern

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In the latest round of copycat fashion, Burberry is suing Target for ripping off its iconic check pattern.

In a suit filed last week in New York’s Southern District Court, the British heritage fashion brand accuses Target of “repeated, willful, and egregious misappropriation of Burberry’s famous and iconic luxury check trademarks.”

Back in 2017, Burberry discovered Target was selling products like luggage, water bottles, and eyeglasses with its famous plaid pattern and sent Target a cease-and-desist letter. But once it found Target was also selling scarves with Burberry’s pattern at a fraction of the price, the English fashion brand finally decided to take the chain to court.

Photo: Burberry Limited (UK) et al. v. Target Corporation

Photo: Burberry Limited (UK) et al. v. Target Corporation et al.

“Although Target’s copycat scarves are of inferior quality, they are superficially indistinguishable from genuine Burberry scarves,” the suit reads. “Target’s misuse of the Burberry Check Trademark ... has significantly injured Burberry’s hard-earned reputation and goodwill, and has diluted the distinctiveness.”

Fashion brands copy each other’s designs all the time since American copyright law does not adequately protect fashion. But Target’s use of Burberry’s pattern is pretty outrageous because Burberry owns the trademark of the check pattern and has sued companies like J.C. Penney in the past when they’ve tried to use it. And even if it didn’t own the trademark, Burberry could easily argue that it has a trade dress with the pattern — a kind of trademark where a design is considered so recognizable that the average shopper associates it with the company.

Burberry’s history with the check design dates back to the 1920s, when the company decided to line the inside of its famous water-resistant trench coats with a check pattern. Although the design closely resembles plaid common in Scottish tartan design, Burberry filed for its trademark in 1921, and the check design has become inextricably tied to Burberry ever since. The company started making scarves and umbrellas with the pattern in 1967, and Burberry over time developed into a brand associated with Britain’s upper class.

Even though fashion brands constantly sue each other over copyright infringement, it makes sense that Burberry is aggressively coming after Target now, as the fashion brand is starting to cash in once again on the pattern following a decade of using it in moderation.

During the wave of ’90s logomania, Burberry used the check design on everything (to the point where England soap opera actress Danniella Westbrook was snapped by the paparazzi wearing Burberry plaid from head to toe). Burberry diluted its brand image further during the 2000s by issuing a slew of licenses to manufacture the hell out of the pattern.

Eventually, the brand fell out of favor with the English elite. But over the past five years, former president and chief creative officer Christopher Bailey was able to reposition Burberry as luxury by using the pattern more sparingly. At one point, Burberry was only using the check design for 10 percent of its merchandise.

Bailey exited the brand in February of this year, but before he left, he reintroduced the classic check pattern into its fall 2017 ready-to-wear collection with a vengeance. Burberry is now selling check coats, vests, pants, and shoes. The return of Burberry check comes at an opportune time, as ’90s fashion is back in style and millennial customers are opting for nostalgia purchases like merchandise with designer logos.

Photo: Jeff Spicer/Getty Images

But if the British brand is going to start leaning back into its trademark design once again, it’s going to have to go after rogue offenders like Target. This time, it has the upper hand in the form of an actual trademark, and it’s fair to assume Burberry is not going to back down on this battle.