We've been loving the ongoing trade mark battles between Gucci and Guess? (statement, not a question). These brands have been going at it hemline and thongs for years, in multiple countries, with Gucci trying to convince trade mark offices that Guess? is ruining everything. (Are you sick of the ? in Guess? yet? We are.) Gucci’s had varying degrees of success; a win in NY, a loss in France (with some of its own marks being removed - ouch!).
Now the dispute has landed on our shores!
Gucci opposed two of Guess’ trade mark applications in Australia featuring ‘interlocking Gs’ (you know, sort of like Gucci’s well known interlocking G logo?). Gucci claimed that its prior registered trade marks had acquired a reputation in Australia, and Guess’ marks were likely to deceive or cause confusion.
Gucci put up evidence that its products associated with the marks had substantial sales in Australia and it had also spent mucho dollar on advertising these branded goods, which established its reputation. As for confusion, Gucci provided examples of Guess’ marks being applied to goods in a repeating pattern, just like Gucci does.
The Trade Marks Office found that the “imperfect recollection” of a consumer would likely lead to confusion, that is, thinking that the goods sold by Guess were actually Gucci products. So the opposition was successful. Huzzah to Gucci!