FASHION LAW: GUESS WINS (AGAIN) IN CHRONIC GUCCI TRADEMARK BATTLE
Old habits die hard … just like Gucci‘s latest trademark infringement case against Guess. Last Friday, a Paris court denied all claims in Gucci’s 44-page lawsuit and the brand’s request for €55 million ($63.2 million) in damages, according to a statement from Guess. As reported by Fashionista, the court added to Gucci’s disappointment by nullifying three of its “G” trademarks, long at the heart of the Italian luxury label’s complaints against Guess.
“For six years now, Gucci has filed case after case against Guess and lost time after time. On top of that, Gucci has lost some trademarks in the Italian case and now some in France as well,” Paul Marciano, Guess co-founder and CEO, said in a statement.
Gucci, however, did come out on top of a 2012 case against Marciano in a New York court. Guess was ordered to pay $4.7 million in damages — a pittance against the $124 million Gucci sought — and found guilty of replicating four of five trademark design elements originated by Gucci. But the court ruled that Guess had merely sampled from the logos and not copied them directly, the judge citing that “courts [had] uniformly restricted trademark counterfeiting claims to those situations where entire products have been copied stitch-for-stitch.”
Gucci has decried Guess’ use of its similar iconography as “unlawful and parasitic free-riding on Gucci’s trademark and, in general, its brand image.”