Burberry has been handed a favorable preliminary ruling in its case against musician/producer Perry Moise, who is better known as Burberry Perry. In a hearing on Monday, Judge Edgardo Ramos of the U.S. District Court for the Southern District of New York, a federal court in Manhattan, ruled in favor of 160-year-old London-based luxury brand, issuing a preliminary injunction in its favor, thereby prohibiting Moise from using the Burberry trademark until the parties’ case is concluded. According to Judge Ramos, Moise’s unauthorized use of the Burberry mark stands to cause “irreparable harm” to the Burberry brand, and thus, must be halted temporarily and potentially, permanently, depending on the outcome of the lawsuit.
Burberry filed suit against the Atlanta-based rapper/producer late last month, alleging that he is infringing its trademarks by calling himself Burberry Perry and using its federally registered check pattern and equestrian trademark in connection with his album and social media pages. According to Burberry’s 48-page complaint, Moise is engaged in the “willful trademark infringement and dilution of the famous BURBERRY trademarks” and despite extensive efforts by Burberry to prevent Moise from continuing to engage in such behavior, the musician simply will not cooperate.
While Moise appears to have changed his name – to TheGoodPerry – and halted his use of the brand’s name, at least on social media and in connection with his recently released music, Burberry has quite obviously continued in its course of legal action. More to come …
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