Guess wins Gucci trademark suit in Italy

The second chapter of the trademark dispute between Italian fashion house Gucci and mass clothing brand Guess has concluded after an Italian court rejected all claims brought by the Florentine-based label against Guess.

Gucci claimed that Guess’ use of various logos including the Gucci diamond pattern, the G logo and the ‘Flora’ pattern infringed on its trademarks, adding that the use of the designs by Guess as “unlawful and parasitic free-riding on Gucci’s trademark and, in general, its brand image.”

However, last week a court in Milan rejected those claims, 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 has "nothing to do" with Gucci's interlocking double G pattern, one of the principal claims made by Gucci.

The rejection of the claims also led the Italian court to cancel a number of Gucci’s trademarks covering both Italy and the European Community, including the fashion houses’ rights to a ‘Square G’ logo. This now means that anyone can use the G logo in its signature diamond and floral patterns, which are widely used within its handbags and shoe collection.

Gucci loses rights to signature trademark

Paul Marciano, CEO of Guess, said: "The Italian Court in Milan ruled against each and every single claim that Gucci filed against Guess 4 years ago. 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.

"In my opinion, the 3 year battle in New York and 4 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."

This is the latest legal battle between Gucci and Guess regarding trademarks, last May, Guess was ordered by New York courts to pay Gucci 4.7 million dollars in damages on more or less the same infringement claims, though this as a fraction of the 221 million dollars Gucci had originally asked for.

With round one going Gucci’s way and Guess taking the second round, it is hard to predict how the on-going suits will play out with regards to China and France, but Gucci has said it would “certainly bring an appeal against the above decision, which in its view is potentially dangerous for the protection of the ‘Made in Italy.”

Image: Gucci ‘GG’ print bag