California Intellectual Property Blog


Los Angeles Based Guess Loses Trademark Lawsuit to Gucci

purse-150x150 Los Angeles – A judgment has been made in a case that began three years ago and as of last month saw the inside of a court room. In the trademark infringement case between Gucci and Guess a judge has awarded Gucci with damages totaling $4.66 million as well as an injunction against Guess from using three of the four alleged infringing trademarks.

Gucci initially claimed that Guess was infringing on its green and red striped logo, a “G-Square” stylized mark, “Quattro G”, and a “G” script logo. The alleged infringing trademarks were being used on products such as purses, wallets, belts and shoes. Gucci claimed that these items were far too similar and confusing consumers which in turn caused a decline in profits for the luxury brand.

Judge Shira Scheindlin ruled in favor of Gucci although it was not awarded quite the amount of damages it had initially sought. Gucci was originally seeking damages of $120 million. After analyzing the damages, an expert stated that Gucci’s requested amount was “highly speculative” and therefore Judge Scheindlin stated that Gucci was not entitled to claims of damages that alleged the infringement caused harm to its brand. Also, Judge Scheindlin placed an injunction which prohibits Guess from producing three of the four alleged infringing trademarks. The trademark for the “G” script logo was excluded from the injunction.

In the opinion brief of the case Judge Shira Scheindlin wrote: “Over the past three years, the parties have put in countless hours and spent untold sums of money, all in the service of fashion–what Oscar Wilde aptly called ‘a form of ugliness so intolerable that we have to alter it every six months.’ It is my hope that this ugliness will be limited to the runway and shopping floor, rather than spilling over into the courts.”

Guess’ CEO Paul Marciano stated “Overall, we are extremely satisfied and vindicated that this case should have never been filed”. Gucci, as of yet, has not offered a statement. This has not been the first nor will it be the last of lawsuits to come for the luxury brand. Gucci was founded in 1921 and has been known to protect its brand ever since.


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