Gucci vs. Guess; The Result

Hello world,

News out of New York yesterday revealed that the long-running (three years to be exact) battle between Gucci and Guess over trademark infringement has come to a close. Judge Scheindlin ruled in favour of Gucci and asked Guess to pay $4.7 million in damages.

While the lengthy saga may be over for now, two really interesting things have popped up as a result of the ruling. The first is that Gucci were awarded only $4.7 million of the $221 million they had asked for and two, the ramifications of this court case on the future of fashion.

The offending design in question. Top is Gucci and bottom is Guess.

Well the first is interesting, because even though the Judge sided with Gucci, $4.7 million for such a gross trademark infringement is very low. So more than likely, what the Judge ruled for is that trademark dilution occurred here, as opposed to outright trademark infringement. This is interesting as it could mean more and more lawsuits of this kind will start appearing before the courts, but the sums will be much reduced than what would originally have been expected. By this model only outright copying or counterfeiting will be prosecuted under trademark infringement.

The second interesting thing to come out of this, is the ramifications on the fashion industry. As a result of this lawsuit it’s quite possible that there will be stricter controls on patterns, stitch designs and specific fabrics to prevent a repeat occurrence of this type of lawsuit. That means it’s going to be a lot harder to be influenced by other designers, and in my opinion stifles creative freedom. Let’s hope it doesn’t happen.

But as one fashion scandal ends in the courts, others I’m sure will arise pretty soon. In the meantime, have a look at what Judge Scheindlin said about fashion. It’ll make you giggle or snort, depending on your sense of humour.

Over the past three years, the parties have put in countless hours and spent untold sums of money, all in the service of fashion — what Oscar Wilde aptly called ‘a form of ugliness so intolerable that we have to alter it every six months.’ With the instant [i.e., immediate] disputes now resolved, and with Gucci’s entitlement to the relief noted above, it is my hope that this ugliness will be limited to the runway and shopping floor, rather than spilling over into the courts.

Until then,

Franzi

xoxo

Advertisements

11 thoughts on “Gucci vs. Guess; The Result

  1. I am extremely impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Anyway keep up the excellent quality writing, it is rare to see a great blog like this one today..

  2. Hello there, You’ve done an incredible job. I will definitely digg it and personally recommend to my friends.
    Ross

  3. Excellent blog here! Also your website loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol

  4. Hello, i saw you visited my site thus i came to “return the favor”.I’m attempting to find things to enhance my web site!I suppose its ok to use some of your ideas, if you dont mind!!
    Love the blog!!!!

  5. Hello There. I found your blog using msn. This is a very well written article. I will be sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll definitely return.

  6. My brother suggested I might like this website. He was entirely right. This post truly made my day.
    Thanks!

  7. I do not even know how I ended up here, but I thought this post was great. I do not know who you are but certainly you are going to a famous blogger if you are not already 😉 Cheers!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s