Gucci, famed Italian timepiece manufacturer and luxury fashion mogul, is preparing to lock legal trademark infringement horns with Guess? Inc.
Gucci America Inc. filed a trademark infringement lawsuit on May 9, 2009 against Los Angeles based fashion trendsetter Guess? Inc. alleging Guess sold its famous striped GRG (green-red-green) design and Quattro G pattern on footwear, wallets and other accessories. Gucci said the products are “part of a sophisticated and elaborate scheme to target Gucci, to create products that are similar in appearance to the most popular and best-known Gucci products.”
Guess hopes for a dismissal of the lawsuit was overturned Tuesday, Feb. 14, when Manhattan Federal Judge Shira Scheindlin agreed that Gucci’s allegations did indeed have merit. Judge Scheindlin rejected motions to dismiss the trademark infringement case based on evidence Gucci provided which validated shoppers confusion between Gucci’s Quattro G trademark versus that of Guess’ knockoff design.
The four Gucci designs Guess is alleged to have mocked in an effort to boost its sales are:
- GRG stripes
- Script logo
- Square G and
- Quattro G (four interlocking G patterns)
Gucci vs Guess Logo
It appears Guess choice to develop their design similar to that of Gucci’s was in effect an act of bad faith which reasonably contributed to consumers’ confusion between the two brands.
In Guess favor the judge did dismiss Gucci’s two dilution allegation claims regarding its Quattro G and Square G designs as they did provide enough proof to substantiate its claims.
Guess attorney Robert Welsh delayed commenting on the judge’s opinion.
Guess countered back that it did not blemish or stain Gucci’s influential status, nor did it purposely mislead or confuse consumers with its brand sales.
Gucci’s attorney Louis Ederer chose not comment.
Gucci, now owned by Paris-based PPR SA, is certainly no stranger to suing copycat companies, and based on the judge’s opinion, Gucci believes it should be compensated to receive an amount of $ 26 million in damages from Guess and other defendants (co-defendant Marc Fisher Footwear LLC alleged to have used Gucci’s GRG stripe design on its shoes), the sum which its expert believes represents a comparable amount for its damages. Their expert estimates more than $ 98 million in total profits were incurred as a result of Guess alleged trademark infringement actions.
Guess, despite its looming legal battles ahead, closed at $ 34.10 with its shares being up by 11 cents, a small windfall for what lies ahead of what may now be viewed as a questionable ventured brand choice.
From:Luxury Watches That Impress Review Blog
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