Recently SACHA, a fashion designer that specializes in shoes, introduced a new shoe which had a pattern similar to Burberry’s. SACHA claimed that Burberry’s pattern could not be a trademark because it was nothing more than a scottish pattern.
The judge, however, did not share this vision. Not only did Burberry’s pattern have distinctive abilities when it was first registered in 1996, it also deserved a large scope of protection due to its reputation.