Moise whose stage name is ‘Burberry Perry’ has been accused of trade mark infringement over the use of the pseudonym. The lawsuit filed at the US District Court for the Southern District of New York states that Moise has also used Burberry’s signature checked pattern and equestrian logo on both his album artwork and social media page to promote his self-titled EP. The Complaint filed on Monday 25 July 2016 states “Defendant adopted ‘Burberry Perry’ as his stage name, without the authorisation of Burberry, and is using the fame and renown of the Burberry trade mark for his own personal gain.” Further in the complaint Burberry notes that it has owned US-based trade marks for its name since 1929 and has sold products under the Burberry name for “well over a century”. Burberry also added that Moise “has long been a fan” of Burberry’s clothing and accessories and the “Defendant’s affection for Burberry and his intent to be associated with the brand is well documented in images of the defendant wearing Burberry clothing- many of which the defendant posted to the internet himself”.
It is reported that upon the release of his debut album Burberry attempted to contact Moise on multiple occasions to request that he cease-and-desist from all uses of the “Burberry” word mark, but Moise failed to comply with these requests.
Burberry is now seeking a court order to order Moise to cease use of all of its trade marks including both the name and checked logo. The legal action against Moise is particularly timely given Moise is planning to release new music in August, drop a mixtape in September and embark on a multi-city tour throughout the U.S. and Canada during August and September.
A key reason for Burberry’s action against Moise is that music is heavily associated to the Burberry brand. In 2010, the company founded a digital platform that commissions and celebrates emerging artists with exclusive performances, this is called Burberry Acoustic. In September 2015, Burberry was the first fashion brand to get its own channel on Apple Music. Burberry’s legal team are concerned that there is a possibility of consumer confusion when “Burberry” is searched on music streaming outlets such as Apple Music or Spotify.
Representatives for Burberry have released the following statement “As a global luxury brand, Burberry considers the protection of its intellectual vital for the health of its business and to safeguard its customers. As such, Burberry goes to great lengths to protect its creative designs and will take all necessary action against the abuse of Burberry trade marks”.