On 2 December 2024, Burberry filed a claim against discount super store B&M. The claim has been made on the basis of passing off and trade mark infringement. However, further details are currently unavailable.
It has been reported that the claim may relate to a series of products released by B&M which feature a beige background with red, white and black checks and the name ‘Furberry’. Within the range, B&M sold branded dog bowls, toys, blankets, mats and beds. Burberry is the registered owner of the ‘BURBERRY’ word mark and several variations of its famous check pattern in the UK in a number of classes, including class 18 for pet clothing and class 20 for pet beds.
If the Furberry line of products is the subject of the claim, it is likely that Burberry will be making a claim under section 10(2)(b) and/or 10(3) for the word mark and section 10(1), 10(2)(a) and/or 10(3) for the figurative mark, as well as for passing off.
The claim was filed following a financially tough few months for Burberry. Its share price has plummeted to a level where it fell out of the FTSE 100 index of most valuable companies on the London Stock Exchange for the first time in 15 years.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
