Burberry in battle over design infringement

Burberry and Wolff Shoe are battling against the use of a plaid design on shoes, with each company citing infringement on the other. Wolff Shoe filed an action seeking declaratory judgment of non-infringement in federal court in St. Louis on Sept. 2 whilst Burberry filed a lawsuit on Sept. 28 against Wolff Shoe for alleged trademark infringement of its check design.

At issue between the two companies is Wolff’s use of a plaid pattern on some of its shoe designs. Burberry claimed the Wolff pattern infringes on its own signature check design. The Burberry lawsuit included allegations of federal and state trademark and trade dress infringement, false designation of origin, dilution, deceptive acts and practices, false advertising, likelihood of injury to business reputation, unfair competition and unjust enrichment.

According to both complaints, communication between the two companies over the issue dates back to 2003.