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Forever 21 and Gucci face-off over trademark legislation

By Kristopher Fraser

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Business

It's not too often that there is a face-off between a fast-fashion brand and a major luxury brand over trademark. However, Forever 21 and Gucci are locked in a heated battle over trademark. After sending numerous cease-and-desist letters in regard to the Gucci stripes, Forever 21 is seeking protection against a threat of trademark litigation.

Forever 21 filed a legal complaint this week in the U.S. District Court for the Central District of California's Western Division.

"Forever 21 is not infringing any Gucci trademark," states the case document. "Gucci's trademark registrations relevant to this dispute should be canceled. Gucci's pending applications should not proceed to registration. This matter is ripe for a declaratory judgment."

Forever 21 and Gucci in trademark battle

Beginning in December 2016, Gucci's legal counsel began sending cease-and-desist letters to Forever 21 demanding that they stop the use of the red-and-blue stripes that have become synonymous with Gucci. In January 2017, a second letter was sent, and in February 2017 another letter was sent regarding the use of green and red stripes.

Items under scrutiny include chokers, bomber jackets and sweaters.

Forever 21 has continued to refute claims that they have violated any trademark laws. Gucci holds federal trademark legislation for red and green and red and blue stripe designs.

Intellectual property law in the fashion industry is a very grey area. Trademarks are reserved for signs and symbols specifically unique to a brand. Trademarks are a relatively high form of protection in the United States, despite the murky area of what can qualify as copyright and trademark in fashion.

While Gucci isn't the first to do red and blue and red and green stripe combinations, they have become a distinct indicator of things produced from their fashion house.

As a result of strict trademark laws, this may not end up boding well in Forever 21's favor.

Photo: via Gucci.com

Forever 21
Gucci