JCP J C Penney Company Inc

Burberry Group PLC accused J.C. Penney Co. in a lawsuit Tuesday of infringing on its famous "check" pattern by selling exact copies of its designs.

The British luxury brand said Penney sold a "scarf coat" and a quilted jacket that featured replicas of Burberry's plaid pattern, according to the lawsuit filed in U.S. District Court for the Southern District of New York.

A Penney spokeswoman declined to comment on the litigation. Burberry declined to comment.

The check design, which Burberry has splashed on everything from $225 umbrellas to $1,600 fur-trimmed scarves, has been protected since company founder Thomas Burberry trademarked it in the 1920s.

Burberry said Penney continued selling the products for two months after the fashion house alerted the retailer to its objections. The lawsuit says the items were made by Levy Group Inc., a New York-based distributor of private-label and branded apparel, which was also named as a defendant. A representative of Levy Group wasn't immediately available.

Luxury brands sue alleged counterfeiters on a regular basis, but they are often street vendors or small Web-based operators out of Asia. It is more unusual to go after an established chain like Penney but it can happen. In 2010, Burberry sued TJX Cos., which owns the T.J. Maxx, Marshalls and HomeGoods chains, for selling knock offs of its popular styles.

Tuesday's suit against Penney asks the court to stop the retailer from selling the items and to turn over products it alleges infringe on its trademark. Burberry is also seeking monetary damages.

According to the complaint, the scarf attached to a coat sold by Penney featured an "exact copy" of the Burberry check trademark, as did the plaid lining of a quilted coat that Penney sold. The lawsuit didn't say when the items were offered or how many were sold.

It is difficult to thwart copy cats, despite the threat of legal action. French luxury goods house Hermè s has fought for years against knock offs of its popular "Birkin" and "Kelly" bag styles. One trend saw the bags reproduced in brightly colored rubber, which gave rise to the name "jelly kellys." The rubber bags became so popular that even traditional retailers like Lord & Taylor were selling them.

Write to Suzanne Kapner at Suzanne.Kapner@wsj.com

(END) Dow Jones Newswires

February 09, 2016 19:35 ET (00:35 GMT)

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