Guess(ing) Gucci’s Next Move

Gucci and Guess – do you get mixed up between the two? Gucci has recently argued that Guess’s newest interlocking “G” logo is too similar to Gucci’s design, thus providing an unfair advantage to Guess’s mid-market fashionable brand.

In 2012, Gucci initially filed a trademark infringement suit against Guess in New York, asking Guess to pay $221 million in damages. Gucci won this battle, receiving an award of  $4.7 million in damages. The high-fashion brand has gone on to file suits in Italy, France, China, and Australia. However, results have been mixed, varying from the decision made in the New York Federal Court.

Specifically, the European Union  General Court has held that Guess’s logo varies from any of Gucci’s currently used or previous logos. Thus, Guess cannot be blocked by this Italian high-fashion brand. Illustrations of Guess’s current logo and the trademarks that Gucci is claiming the brand infringes on can be found in the photo below.

screen-shot-2017-01-20-at-10-03-56-am

When analyzing the case, the courts specifically looked at whether the general public would easily be confused with the two logos. Ultimately, Guess’s design was much more intricate than Gucci’s, and since Gucci’s simple “G” design was already so well-known, the logos were “completely different.” For sufficient trademark infringement to occur, there must be “some similarity, even faint.” It is clear that the courts could not find, specifically in this claim, even a slight similarity.

Gucci is not out of luck, however. This decision is subject to final appeal before the European Union Court of Justice. However, what do you think? Are the logos TOO similar?

We LOVE both brands, so it would be unprecedented for us to mix up the two brands. However, in a world where chic designs are taking over the fashion industry, it is not impossible to see public confusion arise. (Our simple tip to up-and-coming fashion designers … BE ORIGINAL!)

 

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