Gucci Vs Guess at France Court Essay

Gucci Vs Guess at France Court
1- Fact
Guess established in 1981 and began as denim company and has good brand successfully grown into a global lifestyle brand. While Gucci establish in Florence in 1921 by Guccio Gucci. In world Fashion, Gucci always accused Guess many time on trademark infrigementation. Gucci (Plaintiff) was lawsuit Guess (Defend-ant) of trademark issue. Plaintiff claimed that Defendant was infringing its rights by selling wal-lets, belts, and other products whose designs copied or mimicked its own. Plaintiff accused De-fendant on fashion brand infringed on its trademarks by imitating four specific Plaintiff signa-tures. These imitating are the green and red stripe the interlocking "G" pattern the square "G" and the brand name's delicate script font. Moreover, Defendant was accused in trying to knock off Plaintiff's best-known and iconic designs. But Defendant defends their company's actions, acknowledging some design similarities but denying any wrongdoing of trademark issues. Be-sides that, Plaintiff claims that Defendant sold more than $221 million worth of products featuring these trademark infringements.
Marciano who is CEO of Guess (Defendant) admitted, a pair of Guess sneakers featuring a red stripe over an interlocking "G" print as he has done before was so similar to Gucci that he was "embarrassed." Yet that was one instance that the Guess Company has since repented for. In addition Marciano argued overall, Guess (Defendant) and its footwear licensee, Marc Fisher Footwear, have been following the rules.
2- Law
In France, trademark is registered unless the application is rejected or withdrawn. Registration lasts for 10 years from the filing date (L712-1). The registration date is the date on which the trademark is published in BOPI (R712-23). An unopposed registration takes around six months from filing to registration, while an opposed registration takes around one year. Trademark can be a name, word, slogan, design, symbol or other unique device that identifies a product or organisation. Furthermore, trademark is registered at a national or territory level with an appointed government between 6 and 18 months to be processed. In this case, Gucci claimed that Guess was infringing its rights by selling wallets, belts, shoes and other products. In other words whose designs copied or mimicked its own. Gucci accused Guess on fashion brand infringed on its trademarks by imitating four specific Guess signatures. These imitating are the green and red stripe the interlocking "G" pattern the square "G" and the brand name's delicate script font.
3- Decision
The French court conclude and find there are no trademark infringement, no counterfeiting and no unfair competition between the plaintiff luxury Italian label (Gucci) and defendant American mall brand (Guess). In addition, the court denied Gucci's request for 55 million (about $62 million USD) in damages. Instead Plaintiff was ordered to pay Defendant 30,000 about ($34,000 USD). Moreover, the court also nullified Gucci's trademark of three of its "G" logos. In addition, the court invalidated three of Gucci's "G" European Community and international trademarks, so that the Italian label can no longer claim exclusive use of those trademarks.