GUCCI LOSES LEGAL BATTLE AGAINST GUESS
Written by Deborah Annaturo, an Italian student on work experience at Lawdit on 20 September 2013« Return to Reading Room
GUCCI has lost a four-year legal battle against GUESS.
The trademark dispute between the two labels is based over allegations that Guess had duplicated Gucci's logo on a line of shoes.
Gucci first filed a lawsuit against Guess in 2009 - in both New York and Milan - accusing the brand of counterfeiting, unfair competition and trademark infringement, with particular reference to the use of a similar "G" stamp appearing on shoes.
In May 2012, Guess was ordered to pay Gucci $4.7 million (£3 million) in damages after a Manhattan court ruled that it had copied a number of the storied label's trademark design features
In contrast, the Milan court ruled in favour of Guess, ordering the cancellation of several of Gucci's Italian pattern trademarks and European trademarks on its “G” logo, “Flora” pattern and diamond pattern, according to Women’s Wear Daily
The Italian court in Milan ruled against each and every single claim that Gucci filed against Guess four years ago, said Paul Marciano, CEO of Guess.
Gucci firmly believes that the decision of the court of Milan is extremely incorrect, in particular because, in Gucci's view, such decision does not take into account that Guess' use of trademarks similar to Gucci's ones - famous, well-known and appreciated around the world - displays an unlawful and parasitic free-riding on Gucci's trademarks and, in general, on its brand image
Gucci will certainly and immediately bring an appeal against the decision, which in its view is potentially dangerous for the protection of the “Made in Italy” label.
However, the battle will continue on as both parties are awaiting trial dates in China and France.
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