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Gucci bests Guess in trade mark fashion case

Gucci America won a trade mark infringement battle with fashion company Guess on Tuesday, when a New York court awarded the company just over $4.5 million in damages

But the amount awarded fell far short of the more than $100 million the luxury goods company had originally demanded from Guess, which it accused of copying key designs in a way that could confuse consumers.

Patrizio Di Marco, Gucci’s president and chief executive, welcomed the ruling, saying that it should serve as a “powerful deterrent” for those who attempt to unlawfully exploit Gucci’s intellectual property rights.

In a statement, Paul Marciano, CEO of Guess, said damages of about $2.5 million had been ordered against Guess and its handbag and belt licensee and about $2 million against its footwear licensee. The Court has banned Guess from using a version of its Quattro G Diamond pattern that the company says it had already stopped using after Gucci filed its complaint.

He added: “In my opinion, the results in this case show that Gucci grossly overreached in its claims and the entire case could have been avoided with a single letter or phone call. Gucci has also tried to attack Guess in other jurisdictions, but Guess will vigorously defend its rights in all of these cases and is confident that its position will be vindicated.”

You can read more about the background to the Gucci litigation and an analysis of trade mark and design disputes in the fashion industry on Managing IP.

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