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Burberry first contacted TJ Maxx about picture frames bearing infringing marks at its Marshalls stores in 2006, the lawsuit said. The off-pricer promised to remove the frames. Two years later, Burberry alleged it found counterfeit polo shirts with “Burberry” hangtags at Marshalls, which TJ Maxx again promised to remove. Despite those two incidents, Burberry charged that TJ Maxx continued to sell infringing items, including luggage, scarves and jackets at its Marshalls, TJ Maxxand HomeGoods stores.
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