Burberry UK, a leading British fashion label, has won an intellectual property legal battle after calming a musician had infringed its trade marks in such a way which could have caused “irreparable harm” to their brand.
Burberry UK filed a trade mark infringement suit against US-based recording artist Perry Moise – who was at the time performing under the name Burberry Perry.
The fashion label feared the musician’s use of their registered trade mark name could cause “irreparable harm” to their brand; principally as the company launched its own digital platform Burberry Acoustics to promote and celebrate up-and-coming musicians.
In addition, Burberry had set up its own channel at the Apple Music Store and clearly had its own presence within the music industry.
The US District Court in New York ruled in the label’s favour, preventing the performer from using the company’s name and/or trade marks for the foreseeable future.
However, prior to proceedings, Perry Moise had reportedly already announced via social media that he would be changing his stage name to The Good Perry. As the recording artist failed to attend court, the ruling was listed as a ‘default judgement’.
A trade mark is a powerful sign which is used to recognise or identify your goods/ services and set them apart from your competitors. As a result, trade marks protect the goodwill you have invested in your brand and it is important to make sure that only your company benefits from this.