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There have been a few lawsuits in the past several years that have alleged the contrary. For instance, in 2010, Burberry filed – and subsequently settled – a multi-million-dollar lawsuit against T.J. Maxx, Marshalls and HomeGoods , accusing the stores no title of selling counterfeit goods. That same year, Fendi settled the case it filed against discount chain, Filene’s Basement, for selling counterfeit bags . Since then T.J. Maxx and Marshalls, which are both owned and operated by TJX Companies, Inc., have reportedly initiated a “rigorous training program for store managers to spot fakes” and warrant that their “goods have been manufactured and shipped in accordance with all applicable laws, regulations, and industry standards, including human rights standards.” This includes intellectual property laws. As for the pricing of such goods (85 percent of which is the same as the seasonal merchandise in mainstream department stores, according to TJX), Seeking Alpha’s Matthew Worley noted that discounts are not a mere “10 percent off other department stores' prices, but closer to 50 percent and more,” and the low prices center largely on how they negotiate with designers, and how they advertise. Per Seeking Alpha, “T.J. Maxx doesn't include a buy-back clause with their designers – which ups the price from the designers – as big department stores do.” Buyers at T.J. Maxx and Marshalls have forsaken this privilege of return in order to cut better deals with designers, and as a result, they do not pass such added costs on to the consumer.
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