Burberry Loses Fight To Trademark 'Tan, Black and Red Plaid'
2013.11.29
More reasons to think twice about buying designer bags in China. After a long-running legal battle between Burberry and a Chinese bag and apparel maker named Polo Santa Roberta, China's national trademark office has decided to revoke the label's copyright of the s iconic “Haymarket Check” design. Mashable reports:
The decision, from the Trademark Office of the State Administration for Industry & Commerce of the People’s Republic, came because Burberry had not used the “Haymarket” pattern in three years in China, lawyers for Polo Santa Roberta said in a news conference last week. By maintaining exclusive use of the pattern, Burberry was monopolizing part of Scotland’s cultural heritage, lawyer Tang Xiangyang explained during the news conference. Polo Santa Roberta is seeking $82 million in damages from Burberry as well.
The Scottish Register of Tartans, incidentally, refers to the pattern in question as “Burberry,” and says “it has become so much part of the Burberry image that it has been trademarked and can now be regarded as a Corporate tartan.”
In a statement, Burberry said they would appeal against the decision, and promised to use the “strongest possible action” against companies who use its trade markets “unlawfully." Here's hoping that all this legal back and forth just for the right to sell bags pays off.The Scottish Register of Tartans, incidentally, refers to the pattern in question as “Burberry,” and says “it has become so much part of the Burberry image that it has been trademarked and can now be regarded as a Corporate tartan.”
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