Gucci brief

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Gucci brief

On May 6,Gucci filed suit against Guessalleging Guess designs or marks infringed on five Gucci trademarks. Just over three years later, on May 21,the judge granted Gucci injunctive relief and a small fraction of the damages sought. Gucci is an Italian fashion company, and is one of the largest and most recognizable luxury goods, fashion, and accessory brands in the world today.

Guess is also a fashion company, but aimed at the mid-level market. Over the last ten years, Guess has been the subject of approximately twelve trademark infringement complaints. In each of those cases, Guess either resolved the matter with the complainant, or immediately stopped using the questionable mark.

Both companies spend huge amounts on advertising and promoting their brand every year. Guess was allowed to continue using the other marks. What went so wrong for Gucci? Fashion, like literature, is built on a shared vocabulary: Like copyright, one cannot monopolize the basic building blocks of fashionable expression, though the slightest creative variation may be worthy of protection.

Gucci brief

And use of that slight creative variation to denote the source of a ware or service is exactly what trademark law is designed to protect. Lederer de Paris Fifth Ave. While trademark infringement is a federal law based private action, see Lanham Act, 15 U.

The courts in the second circuit use an eight factor test from Polaroid Corp.

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The judge found that Gucci knew for several years that Guess had been using the marks at issue. Particularly, Guess displayed items featuring the allegedly infringing marks in its store windows, and sold products bearing those marks and designs on its own website and on those run by third-parties.

Second, Gucci failed to bring non-speculative evidence of actual damages in the form of lost sales or harm to brand value.denied the counterclaim on June 23, 3.

On February 14, , I held that Gucci was not entitled to monetary relief on its dilution claims relating to Defendants’ use of the Square G.

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