The Case of the Check: Inside Burberry Brand Protection
Burberry’s name, check pattern, Equestrian Knight, and trench coats define its identity and legacy. These elements are instantly recognisable, making them frequent targets for imitation. Protecting them is not just about legal rights but about preserving exclusivity, maintaining trust, and safeguarding commercial value against dilution and misuse.
Burberry’s brand protection approach goes beyond lawsuits. It is a continuous process of enforcing trademarks and targeting cybersquatters, counterfeiters, and imitators to maintain exclusivity.
The Check in Court: Fighting Copycats
Burberry’s check is one of the most recognisable patterns in fashion, making it a prime target for counterfeiters. Fake scarves, bags, and clothing flood markets across the world, while some businesses push the limits of legality by designing patterns that resemble Burberry’s signature design.
In China, Burberry took action against a company selling products under the name Baneberry. An attempt to copy not just the pattern but the entire brand identity. The Jiangsu Provincial High People’s Court ruled in Burberry’s favour, awarding RMB 6 million (approximately USD 840,000) in damages. The court recognised Burberry’s check as a well-known trademark and found that Baneberry’s branding was deliberately misleading.
Why the Court Ruled in Burberry’s Favour
- “BANEBERRY” imitated Burberry’s identity.
- The check pattern was used deceptively.
- Burberry’s status as a well-known trademark strengthened the case.
China is both a major luxury market and a hub for counterfeit production. A victory there shows Burberry’s standing and strengthens its position against future infringements.
The Check Online: Reclaiming a Domain Name
Brand protection does not stop at physical goods. In the online space, a lost domain can mean lost revenue and consumer confusion.
Burberry Beauty. com was registered by an unauthorised third party with no connection to Burberry, likely aiming to profit from the brand’s reputation. Burberry challenged the registration through WIPO’s Uniform Domain Name Dispute Resolution Policy (UDRP). The ruling confirmed that the domain was misleading, registered in bad faith, and should be transferred back to Burberry.
This case shows why digital monitoring is as important as trademark enforcement. Without control over its online presence, even a brand as established as Burberry risks dilution.
The Check in Name: Burberry vs. Furberry
Sometimes, a single letter can blur the lines between homage and infringement.
B&M, a UK retailer, introduced a pet accessory line under the name “Furberry”, a playful twist, but one that Burberry saw as an unauthorised use of its brand identity. Burberry filed a claim, arguing that the name was too close and could mislead consumers.
The argument is clear:
- “Furberry” closely resembles Burberry. Consumers could assume a connection.
- The name trades on Burberry’s brand value.
- Allowing it would weaken Burberry’s trademark.
This case will test how far brands can push back against imitations in the retail sector. For Burberry, defending its name, its trademark, and its designs is as important as protecting its products.
The Check Secured: Burberry’s Brand Protection Approach
Burberry protects its brand through a structured approach that covers enforcement, online monitoring, and direct action against infringers. This approach focuses on three key areas:
Trademark Enforcement – Burberry registers and defends its trademarks, patterns, and logos worldwide. It monitors markets for unauthorised use and takes legal steps to stop misuse that could weaken its rights.
Digital Monitoring – The internet creates new risks, from misleading domain registrations to counterfeit sales on e-commerce platforms. Burberry tracks unauthorised use online, challenges fraudulent websites, and ensures control over its digital presence.
Legal Action – Burberry takes legal action when necessary, whether to stop counterfeiters or prevent businesses from exploiting its brand. Each case strengthens its rights and deters future misuse.
Burberry does not rely on past victories to secure its brand. Without ongoing enforcement, patterns can be copied, names misused, and consumer trust eroded.
INSIDE Brand Protection examines real cases, legal actions, and the methods brands use to maintain control. Burberry’s approach is one example of how active enforcement keeps a brand intact.
Have questions about protecting your brand? Whether it is trademarks, counterfeits, or domain name related, our lawyers can help. Book a consultation today
This article is for informational purposes only and does not constitute legal advice. For legal assistance regarding brand protection, consult a qualified attorney.
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