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Burberry Files Federal Suit Versus Burlington Coat Units

Burberry said that Burlington and its Cohoes Fashions subsidiary sold scarves, hats, polo shirts and other apparel goods "that are purportedly authentic Burberry merchandise, but that are in fact, counterfeit," according to the court documents.

NEW YORK — Burberry Ltd. has filed a federal lawsuit against Burlington Coat Factory Warehouse Corp., Burlington Coat Factory of New York and Cohoes Fashions of New York, a subsidiary of Burlington Coat Factory, for allegedly selling counterfeit Burberry merchandise.

Burberry said that Burlington and its Cohoes Fashions subsidiary sold scarves, hats, polo shirts and other apparel goods “that are purportedly authentic Burberry merchandise, but that are in fact, counterfeit,” according to the court documents. The lawsuit was filed June 1 in U.S. District Court in Manhattan, but was not immediately available.

Burlington did not return calls seeking comment.

In addition to seeking a judgment on Burlington’s alleged counterfeiting and trademark infringement, Burberry asked for a preliminary and permanent injunction. The company requested treble the amount of damages it suffered, all profits derived from Burlington’s alleged use of Burberry trademarks, the cost of litigation, statutory damages of $1 million for each trademark counterfeited and punitive damages. Burberry also sought a court order for Burlington to distribute corrective ads to acknowledge its violation of the law and dispel “deceptive impressions produced by such violations.”