The unmistakable “Burberry Check”, or the Scottish design that distinguishes many products of the famous British brand, is inimitable. This was established by the criminal section of the Cassation, at the end of a long proceeding that Burberry had brought to have the uniqueness of its style recognized. The definitive sentence corrects the orientation expressed by the judges in the previous instances, when the legitimacy of linking this particular tartan exclusively to the Burberry brand was discussed.
Indeed, in a case involving items of clothing bearing a tartan design similar to the figurative mark of Burberry, the Court of Rome had ruled out the offense of trademark infringement, due to the lack of the word sign "Burberry" on the seized products, according to the judge necessary to ensure that the consumer reconnected the product to the owner of the trademark.
Subsequently, the Court of Appeal, if on the one hand it had correctly held that the unauthorized reproduction of the figurative trademark was sufficient for the crime to exist, on the other hand it had acquitted the defendant on the assumption that the "Burberry Check", belonging “to the category of the famous Scottish tartan”, was ineligible to create a unique link with the English fashion house.
However, the Cassation accepted the appeal presented by the lawyer Gabriele Lazzeretti of the Spheriens studio, annulled the decision of the Court of Appeal, recognizing with sentence 576/2020 essentially the notoriety of the "Burberry Chek" brand and its ability to identify products immediately which bear it as coming from Burberry.
