A federal judge has ruled in a trademark case that Gucci may recover $4.66 million in its lawsuit accusing apparel retailer Guess Inc. of copying its trademarked designs. This is a small fraction of the more than $120 million sought by the Italian luxury goods company. U.S. District Judge Shira Scheindlin ruled that while Guess infringed some trademarks, Gucci was not entitled to damages reflecting lost sales or harm to its brand, calling an analysis from its damages expert “highly speculative.” Judge Scheindlin also awarded Gucci, a unit of Paris-based PPR SA, a permanent injunction against Guess’ use of three of the four challenged designs. The payout reflects profit from specific items where Gucci trademarks were infringed.
Gucci had accused Guess of trying to “Gucci-ize” its product line by selling wallets, belts, shoes and other items whose designs copied or mimicked its own. It claimed that this confused customers and diluted its brand. Marc Fisher Footwear LLC was also a Defendant and was found to be responsible for some of the payout. Gucci had challenged Guess’ alleged infringement of four designs: green-red-green stripes, a stylized “Square G,” a group of four interlocking “G”s known as a “Quattro G,” and a script logo. All but the last of these are covered by the injunction. Gucci, founded in 1921, is one of many luxury goods companies to sue alleged copycats. The case is Gucci America Inc. v. Guess Inc et al, U.S. District Court, Southern District of New York, No. 09-04373.
Source: Insurance Journal
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