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Burberry Sues T.J. Maxx and Marshalls Over Alleged Counterfeits

by Bee-Shyuan Chang (Subscribe to Bee-Shyuan Chang's posts)
Posted Mar 10th 2010 at 7:40PM  
25 Comments
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Burberry Store

Burberry is in the legal trenches again to stop alleged counterfeiting. Photo: Stefanie Keenan, WireImage

What's the latest trend to avoid? Creating anything that resembles a high-end design.

Fendi recently won an impressive $4.7 million dollar judgement against Burlington Coat Factory for continuing to sell fake Fendi bags.

Now, Burberry claims TJX Co., the parent company of discount chains including T.J. Maxx and Marshalls, has been selling counterfeits in mass quantities, Reuters reports.

While millions of discount shoppers thought they were getting a designer steal, the Brit label headed to Manhattan federal court alleging that TJX has sold everything from counterfeit Burberry jackets, photo frames, polo shirts to scarves and luggage, over a span of four years.

According to the complaint, Burberry is hopping mad over TJX's attempt "to attract their target customer base and profit at Burberry's expense."

Not only is the luxury brand asking the court to stop the sale of the allegedly infringing products, but its lawyers are asking for triple damages and that TJX place "corrective advertisements."

From Burberry's courtroom track record, TJX better bring its legal A-game. The company known for its classic trenches recently took home a cool $1.5 million from a trademark infringement suit.
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Filed under: Fashion, News, Designers & Brands
Tags: Burberry, Counterfeits, discount retailers, Fashion Lawsuits, lawsuits, Marshalls, TJ maxx, TJX, trademark infringement
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READER COMMENTS

(25)Add A Comment

Quatre, 3-11-2010, 8:50PM

2.5 stars vote downvote upReport
Quatre

If the spam is bothering you, all you gotta do is click on that grey button next to Spammer KellyW's name. If enough people report these spamming jerks to Aol, then Aol will take action.

Reply »

Barbara, 3-11-2010, 10:26PM

2 stars vote downvote upReport
Barbara

If Burberry proceeds with this lawsuit against TJ Maxx, I will NEVER purchase another Burberry item or fragrance. TJ Maxx is the best of the best and personally, I have NEVER seen a Burberry item in either of the two TJ Maxx stores in which I shop.

Reply »

donald, 3-11-2010, 10:39PM

Half a star vote downvote upReport
donald

really? you wont buy another burberry product.........well, they better close up shop, withouth your business, they will for sure go under.........

oh, and you, have never seen a burberry product at the 2 tj maxx stores near you............wow.....well , they should drop the lawsuit right now because Barbara has never seen a burberry product at the two tj maxx stores out of 1,000's............conclusive evidence folks............conclusive.........i rest my case.........

»

Kelly, 3-11-2010, 11:19PM

2 stars vote downvote upReport
Kelly

I totally agree with you Barbara, Love TJ Maxx and also have never seen a burberry there. Lots of Brand Names for decent prices. Not a knock off in site.I pity John and Donald for their ignorance and immaturity. But then again we need to accept that that is the mentally of such shallow people.
I will continue to save my money by getting the MAXX for the Minimum

»

americanina, 5-13-2010, 12:57AM

2 stars vote downvote upReport
americanina

Barbara & others - TJMaxx also has stores that FEATURE what TJMaxx calls "THE RUNWAY" these stores have high-end purses & clothes like Burberry, Gucci, Valentino and Prada. I have shopped at my local TJMaxx and witnessed the fake goods for myself. Such as Valentino coats and Prada purses that (after inspection) actually carried tags that read "Made in China". Sorry but Prada & Valentino, do not make their goods in China they make them in Italy. So - be ware shoppers. If it's too good to be true, it probably is and always, always check the tags!

»

john, 3-11-2010, 10:50PM

Half a star vote downvote upReport
john

wow who acually shops in tjmax & marshalls. everything they sell in there is somewhat counterfit or fake. if u want burberry just cough up the money and buy it in high end stores (eg- neiman marcus, saks, bloomingdales, nordstrom) or a burberry store. if u buy stuff from tjmax or marshalls u dont deserve to wear burberry products. as for Barbara...kmart has a sale go and shop there!!!!!!!!!!!!! (not that u probably own any authentic burberry products) burberry is for the sophisticated and not for people looking to buy it at a discount like Barbara

Reply »

dannygirl, 3-11-2010, 11:18PM

3 stars vote downvote upReport
dannygirl

Wow John..you seen like a real A$$....lots of people shop at those stores and who are you to judge? I shop at TJX and Marshall's and I also shop at Macy's and Bloomingdale's. Who the hell do you think you are cutting people down like that.
Get a life....Too many things going on in todays world for you to talk to others like that. If you haven't noticed our economy sucks these days. Get your head out of your A$$ idiot!

»

john, 3-11-2010, 10:52PM

Half a star vote downvote upReport
john

wow who acually shops in tjmax & marshalls. everything they sell in there is somewhat counterfit or fake. if u want burberry just cough up the money and buy it in high end stores (eg- neiman marcus, saks, bloomingdales, nordstrom) or a burberry store. if u buy stuff from tjmax or marshalls u dont deserve to wear burberry products. as for Barbara...kmart has a sale go and shop there!!!!!!!!!!!!! (not that u probably own any authentic burberry products) burberry is for the sophisticated and not for people looking to buy it at a discount like Barbara

Reply »

CherCher, 3-11-2010, 11:11PM

3 stars vote downvote upReport
CherCher

The name or the price does not make the product good. It is the material and workmanship. Don't tell me that only these companies can make quality products. Well I have a LV jeans bag that I bought on the Streets of China Town and it is better than the ones LV makes. I have four real Coach bags that I purchase at the Coach Store, so you can't tell me anything.

»

CherCher, 3-11-2010, 11:10PM

2 stars vote downvote upReport
CherCher

I have purchased "Burberry perfume at Marshalls. I guess I will have to sue them too for selling me fake goods.

Reply »

chelle, 3-11-2010, 11:44PM

2 stars vote downvote upReport
chelle

I shop at a tjmaxx in affluent neighborhood in atlanta called buckhead. they have plenty of designer brands like burberry, dolce and gabbana, etc. and never did it ever cross my mind that any o the items were counterfeits. i did realize that a lot of the things were outta season though. but i agree with the guys above. the reality is if u have to go to tjmaxx to shop for burberry then u don't need it. when i go to tjmaxx i buy regular brands and mainly hair products like biosilk, chi and sebastian shaper spray.

Reply »

Stacie, 3-12-2010, 12:28AM

3 stars vote downvote upReport
Stacie

I hate to say this but it you have to go to TJ Maxx or Marshalls for Biosilk, Chi, or Sebastian Shaper spray you don't need them either! They are not guaranteed unless sold by a professional salon and can ALSO be counterfiet, not to mention old, or TAMPERED WITH! Be really careful with that stuff because there is no telling where it comes from!

»

Runt, 3-12-2010, 12:04AM

2.5 stars vote downvote upReport
Runt

Please...it is illegal, immoral and rude to steal someone's brand name. Come up with your own product name or else pay up. I say go Burberry, Coach, Fendi, LV and any other designer who has paid their time and money to have their name recognizable. You do know that it is you the consumer who ends up paying when you contribute and condone piracy in any product.

Reply »

rudewaitress, 3-12-2010, 12:18AM

2 stars vote downvote upReport
rudewaitress

Why should you care if they are gay or straight? The subject matter has no boundaries. I've shopped at both stores and have seen hundreds of straight guys shopping for a bargain. But I don't recall having seen ANY guy ever shopping for the panties that you would expect the more sassy ones to be wearing. And sassy you say? Really?? You sound pretty sassy yourself...that is if you drop the first and last letters.

Reply »

Nadia, 3-12-2010, 12:37AM

3 stars vote downvote upReport
Nadia

Seriously, who cares if people buy brands like Burberry and Coach from TJ Maxx. If items are in fact counterfeit than the company should be liable. Basically the "men" and Chelle say that those who bargain shop are not worthy and should pay top dollar at top department store for out of season items? If that's the case let's all boycott outlet malls and never ever walk to the sales racks at department stores. God forbid I buy a purse, coat, scarve or whatever for a penny less than the MRP. Maybe when I buy my next car I should pay the price on the sticker too. Oh wait, how about when I go on vacation I should pay the RACK rate at hotels because I don't want to be like non-worthy people who go on sites like Priceline and Expedia to get better deals.

Barbara, I agree with you. I have never seen these items at TJ Maxx and I have been to several, San Diego, Dallas, Chicago, etc. Donald is a moron.

Reply »

Calla, 3-12-2010, 12:57AM

2.5 stars vote downvote upReport
Calla

I own Burberry, LV, Gucci etc... I also had knock offs of the designer brands when I was younger and couldn't afford the real thing. The real stuff is MUCH better quality than the fake stuff, as one would hope it would be and I would never buy a knock off again. I can spot them from a mile away. I still love stores like Marshalls, TJ Maxx, Stein Mart, etc. though. More for items like home goods and luggage though. Anyway, I really don't think that if these discount stores were selling fake burberry that it would take any business away burberry. Who says "well I want to buy this shirt and purse from Burberry, but I am going to check TJ Maxx first".

Reply »

GASean, 3-12-2010, 1:16AM

2.5 stars vote downvote upReport
GASean

I can tell you which store has Burberry, the West Hartford CT Marshalls store! I was in there over the weekend and was considering buying one for my wife. I questioned to my self why they were discounted as they were and decided against buying it. If they are indeed counterfeit TJXX should be held liable. They, just like any other business has to make sure that the products they are selling are legitimate and not stolen. In the case of counterfeit goods, they are "stolen" in design from the respective manufacture. If we allowed everyone to steal other peoples products, designs, patents, formulas there would be NO financial reward for developing new products. Think about that the next time your Dr. finds a new life saving medicine for you, I am sure you are happy the drug company could recoup their costs for product development! As for the person who would purchase known counterfeit goods, it's as good as stealing them. Most companies pride them self’s on ethics and honesty, it appears that once again, TJXX is reckless.

Reply »

Drapeshop, 3-12-2010, 1:56AM

2 stars vote downvote upReport
Drapeshop

John, you sound off like a 10 cent millionaire. I have known a few in my time. The high end department stores would love to pull off customers from the discount stores. In fact, by the end of the year we will most likely see a closing that will surprise all of us.

Reply »

LS, 3-12-2010, 3:07AM

2 stars vote downvote upReport
LS

I've never seen anything that resembles a real Burberry in TJ Maxx or Marshalls. Unfortunately, where I live the TJ Maxx's and Marshalls are pretty dirty.....I rarely go there anymore.

Reply »

dina, 3-12-2010, 5:31AM

2 stars vote downvote upReport
dina

they story is not saying that they are selling burberry items that are counterfeit, burberry is suing because there are many products in the store with similar patterns to burberry's classic design made by other manufacturers. burberry is basically owning the check pattern and no one can sell other lower brands with that same logo which is pretty stupid because most of fashion is knock off of design from one designer to another. its all trend and is check stripes are a trend other people are gonna make similar designs.

Reply »

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