Wednesday, May 8, 2013

Gucci loses latest Guess battle

We have to admit we thought the Guess v Gucci case was done and dusted, but apparently not.

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. However, it has now won the second round of court wrangling, this time in Italy - the birth country of both brands.

The victory was issued by the Court of Milan on May 2 in an 83-page ruling which rejected all infringement claims brought by Gucci against Guess. Moreover, the Italian Court ordered the cancellation of Gucci's diamond pattern, G logo, and "Flora" pattern trademarks. The cancelled registrations included three Italian trademarks and four trademarks covering the European Community. Additionally, the Court has also rejected Gucci's rights in a "Square G" logo.

The suit was filed by Gucci in 2009, along with those in New York, Paris and China, but has taken four years to come to fruition.

Paul Marciano, CEO of Guess said: "The tactics of Gucci are nothing less than bullying. Because of their endless resources, Gucci has been forum shopping all over the world to try and stop Guess from expanding its successful accessories business. It's fundamentally wrong and unconscionable. There are global trends that Gucci itself follows as anyone does in fashion; they are no different from GUESS in that regard." Mr. Marciano added, "In my opinion, the three year battle in New York and four years in Milan was a result of massive and unnecessary litigation that should have been easily resolved with a simple phone call, which Gucci never made."

Gucci have confirmed to WWD that it will be appealing the decision. The suits in France and China are still ongoing.

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