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Thursday, February 5, 2015

Guess? Verse Gucci Trademark Update

Guess? fights and wins in court.
Guess? fashion brand wins the battle
A French court has ruled in favor of Guess? Inc in the latest episode of a trademark dispute pitting the Californian fashion brand against Italian luxury label Gucci.  Gucci, owned by French luxury goods group Kering SA , had accused Guess of selling products such as wallets and belts which copied or mimicked its own designs.  The Court of Paris rejected Gucci's claims, finding no trademark infringement or unfair competition, Los Angeles-based Guess said in a statement on Monday. 
On a historical note, the trademark dispute between Gucci and GUESS concluded in Italy on May 2nd, 2013 after the Court of Milan, in an 83 page ruling, rejected all claims brought by the Florentine-based label against GUESS. Moreover, the Italian Court has ordered the cancellation of certain of Gucci's diamond pattern, G logo, and "Flora" pattern trademarks. The cancelled registrations included 3 Italian trademarks and 4 trademarks covering the European Community. The Court has also rejected Gucci's rights in a "Square G" logo.
In 2009, along with a similar action in New York, Gucci filed suit against GUESS in Milan, the fashion capital of Europe. Subsequent actions were filed in Paris and Nanjing, China. The logos in the Milan dispute were similar to those in New York as were the claims, which included trademark infringement, counterfeiting and unfair competition. The New York case ended in 2012, with Gucci receiving minimal monetary damages and narrow injunctions on a handful of logos. In 2013, the Court in Milan has totally rejected all of Gucci's claims.

The Milan verdict was an important decision and judgment, not only because it has been issued in Italy, the birthplace of the Gucci brand, but also because the Court agreed with GUESS in practically all its principal arguments, ruling that the diamond pattern and floral motifs are common in the world of fashion and, in particular, that the popular GUESS Quattro G logo pattern (also with a single G in the corner of the diamond) has "nothing to do" with Gucci's interlocking double G pattern, one of the principal claims made by Gucci.
The judgment also confirmed one of the key pillars of the GUESS defense, previously expressed in the New York trial, that there is no foundation to Gucci's accusation that GUESS was trying to "Gucci-ize" its brand or attempting to confuse customers and dilute the Gucci brand.
You can read below to learn more about both companies.  Please don’t confuse between the two.
ABOUT GUESS?, INC.
Established in 1981, GUESS began as a denim company and has since successfully grown into a global lifestyle brand. Today, GUESS designs, markets and distributes full collections of women's, men's and children's apparel as well as accessories. Throughout the years, the GUESS image has been portrayed in unforgettable, innovative campaigns that have made the brand a household name. GUESS is distributed throughout the world in fine department and specialty stores, its retail and factory stores, and on its online store www.GUESS.com. GUESS has licensees and distributors in South America, Europe, Asia, Africa, Australia, and the Middle East. In addition to shopping online, you can find more information on GUESS at www.guess.com.

About Gucci

Gucci is one of the world’s preeminent luxury brands, recognized the world over for its fashion innovation and impeccable Italian craftsmanship.  Ever since Guccio Gucci founded the house in Florence in 1921, the brand has been a destination for the world’s most discerning men and women, representing at once contemporary glamour and traditional Made In Italy craftsmanship. Gucci designs and produces women’s and men’s ready-to-wear, handbags, small leather goods, travel accessories, footwear, fine jewelry, watches, eyewear, fragrances and cosmetics, children’s clothing as well as other timeless lifestyle items.  Every Gucci piece carries with it close to a century’s worth of artisanal quality and unparalleled design. To learn more about the brand’s 94-year history, visit The House of Gucci.


If you have a popular fashion brand, it is most definitely worth protecting your trademark.

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