While the majority of lawsuits filed of late have concerned alleged stealing of company logos, in this case, Burberry is accusing the discount chain of passing off fakes as the real thing.
According to a trademark lawsuit that WWD reports Burberry recently filed against the TJX Cos. Inc. -- the corporation behind low-price behemoths like TJ MAxx, Marshalls, and HomeGoods -- claiming that, despite repeated warnings that stores under their umbrella were selling counterfeit goods, TJX continued to offload fake merchandise in various stores and claiming it was the real thing.
Burberry claims they gave the mass retailer several warnings: Once about counterfeit picture frames and later about polo shirts with tags marked "Burberry" at Marshalls. In both cases, Burberry alleges the mass retailer not only neglected to remove the items, but also continued to sell other fakes -- from scarves to jackets to even luggage.
Overall, it sounds like a big old mess. Even when once excludes actual counterfeit items, we'd imagine its pretty hard to keep track of clothing tags that might be mismarked -- this could be the kind of thing that runs rampant all over off-price chains. For now, Burberry's lawsuit requests that TJX destroy the "unauthorized goods" and run "corrective advertisements" (along with, of course, affording Burberry some damages).