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Counterfeiters & Copiers Beware: Burberry Successful in its Action Against Marco Leather
By Mari Davis
DALLAS, Jul 20, 2006 / --- Counterfeiting and copying are two of the big problems that beset established brands and fashion houses. Burberry, which was founded in 1856 and known for its iconic Burberry check and Burberry Prorsum equestrian knight, today announced the successful outcome in an action brought against Marco Leather for infringing its trademark rights.
According to the statement released today by Burberry, ‘Marco Leather had imported and sold over 100,000 counterfeit handbags, wallets and goods bearing the iconic Burberry check and Burberry Prorsum equestrian knight. Marco Leather also registered a copyright consisting of a variation of the equestrian knight superimposed over the Burberry check, and was attempting to register the equestrian knight as a trademark with the United States Patent & Trademark Office.’
With the conclusion of the case, Marco Leather submitted to a Court Order that it do the following:
Abandon the trademark application for the equestrian knight logo
Assign the copyright registration for the check & equestrian knight to Burberry
Abandon all rights and appeals related to goods seized by U.S. Customs and any other law enforcement agencies
Payment to Burberry of $100,000 in damages
Cease use of the equestrian knight and the check, and all marks "confusingly similar"
But, on the same announcement, it also mentioned that ‘Marco Leather nonetheless refused to admit any liability.’
In both the U.S. and the UK, copyright laws are very stringent and to the point. In both countries, the law vigorously protects intellectual property rights and trademarks. Unfortunately, even with the very harsh and rigid rules, piracy plagues almost all industries from fashion to music, to movies, even information technology.
The court ruling in favor of Burberry might not be a landmark case, but Stuart Lockyear, Burberry's Director of Intellectual Property said it best, ‘This ruling marks an important milestone for Burberry and for the luxury goods industry. Burberry will not tolerate counterfeiting or abuse of its trade marks and will always push for the maximum penalty.’
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