The funny story of the week is the American rapper Perry Moise who found nothing better than imitating the Burberry brand for the cover of his latest EP (short album). Since he doesn't do things by halves, he has taken the name "Burberry" as his artist name, and has taken over the brand's graphic elements, namely a knight on his mount and a checkered background in beige, red and navy blue tones. The resemblance is striking:
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| The Burberry Company Brand | The cover of the rapper's album |
|---|---|
 |  |
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Burberry's blood (the real Burberry!) was only a trick away from discovering the infamous copy, and the company was quick to send a formal notice to the rapper, asking him to stop using the Burberry name and album cover. Unfortunately, the rapper turned a deaf ear and despite the reminders, nothing was done and no changes were made. This left Burberry no choice but to take him to court at the end of July. And there, surprise, Perry Moise abandoned the litigious name in favour of "The Good Perry", and removed the jacket from his site (although it is still easily found on the web).
So, certainly, you're probably thinking that the patterns are not quite the same, and that in any case no one can confuse an English classic clothing brand and an American rapper. Except that the similarities between the two brands are such that we can't talk about coincidence, and that we can consider that the second one is indeed an imitation of the first one. Furthermore, the Burberry trademark is a trademark that enjoys a significant reputation, due to significant communication and advertising efforts on the part of its owner. However, appropriating its codes in this way amounts to taking undue advantage of these investments "without unbinding the stock market". This is unfair competition. Finally, Burberry is able to demonstrate that its name is linked to the music industry, in particular thanks to a website on which the brand promotes independent artists, and thanks to the fact that it was the first fashion brand to have its own channel on Apple Music. If the trademark was registered for music services, then it is reasonable to speak of infringement.
It remains to be seen whether Perry Moise's precipitous reversal at the announcement of the trial will be enough to avoid damages to Burberry.
Source : Mandour & Associates