The Gucci vs. Guess trademark infringement trial continues. Quick summary: Gucci is suing Guess for roughly $221 million, claiming that Guess has utilized a massive trademark infringement scheme of Gucci’s logo since 1995.
On the stand yesterday: Guess’s chief executive officer Paul Marciano. He denied direct infringement of the Gucci logo but did say this: “This kind of pattern is common in the world of fashion and it’s not particular to Gucci.” That sounds like an affirmative defense to me, but oh well. Do you agree? Is the interlocking G fair game in the fashion industry or is it property of Gucci, which was founded in 1921? (Guess? was founded in 1981).
Gucci is not taking any of this lightly; the brand is known to police its trademark pretty seriously. Gucci’s lawyer, Louis Ederer, referenced emails between Guess and footwear manufacturer Marc Fisher that indicated the two intended to copy Gucci’s patterns for shoes. To further supplement Gucci’s claim, Ederer presented previous cease-and-desist letters that Guess received from Coach, Jimmy Choo, Yves Saint Laurent, and Adidas for copying their designs.
Marciano’s response: why did Gucci wait so long to bring suit if this is so important? He said: “I think the lawsuit is wrong. I truly believe that if this is something Gucci was genuinely concerned with, they would have acted within days, everywhere. Are you telling me today that suddenly you realize what’s happened in 1995?” The parties are back in court today. More to come ….