Orange County Trademark Attorney® Blog

Gucci v. Guess - the "G" Trademark Lawsuit Intensifies

April 11, 2012

shoes-heels.jpgOrange County - In 2009, Gucci filed a lawsuit against Guess and its licensed footwear brand, Marc Fisher, for infringing on its infamous "G" monogram and other designs. It was originally said that the two powerhouse brands would have a private mediation, however, after three years the case is now a full blown out feud.

There are four designs in particular that Gucci is accusing Guess of infringing. These four designs consist of a green and red stripe pattern that can be found on a Gucci shoe, the interlocking "G" pattern, the square "G", and lastly Gucci's signature script font. The alleged infringed designs appear on Guess products that include shoes, purses, and wallets. Gucci is claiming that Guess has made more than $200 million by selling its 1,495 Guess products that use the infringed designs and Gucci is seeking to claim more than $200 million in damages.

This week, Guess' CEO Paul Marciano was examined by Gucci's trademark attorney in a four-hour examination. While on the stand, Marciano did not admit to any wrongdoing, however, he did acknowledge that the designs in question had some similarities. Ederer told a judge last week that Guess was in a "massive, complicated scheme to knock off Gucci's best-known and iconic designs."

During the case, it was revealed through obtaining Guess' emails that Marc Fisher, the shoe designer, went as far as sending Gucci fabric samples to Guess' fabric suppliers in order to duplicate the patterns of the "G" logo on its shoes. This evidence cannot be good for Guess' case. Gucci's trademark lawyers presented even more ammunition explaining that Marc Fisher Footwear received four cease and desist letters in 2008 from Coach, Adidas, Jimmy Choo, and Yves Saint Laurent accusing Fisher of infringing on designs.

During this week's hearing Marciano admitted to being "inspired" by other designers and stated to Gucci lawyers, "What I understand here, which is very frequent [in fashion], is an inspiration to create an original bag of G's with the same components," and "That's what design is." Just before leaving the courthouse Marciano stated of the accusations, "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 case is being estimated to extend through the end of April, however by the looks of it we may be hearing about the "G" feud long after that.