The latest stage of the dispute between fashion brands Gucci and Guess has resulted in a favourable decision by the Milanese Court of First Instance for Guess.
High fashion brand Gucci has issued proceedings against Guess in a number of jurisdictions worldwide, alleging infringement of various of its registered trade marks (both Italian national and EU wide registrations), including its G logos. The allegations refer particularly to items of footwear on which Gucci claimed Guess had used a mark which infringed such registrations.
However, unfortunately for Gucci, not only did the Italian court dismiss its claims for infringement, it also declared a number of its trade marks invalid for lacking distinctive character. This decision is significant as, depending on the outcome of the appeal Gucci has recently filed before the Italian courts, it could mean that (in certain jurisdictions at least) anyone can use a G logo, even in a pattern similar to the diamond ones used by Gucci.
As noted above, Gucci has appealed the decision and so the matter is far from finalised. It is also worth bearing in mind that in 2011 a Manhattan Court found in favour of Gucci (i.e. differently to the Italian Court) and ordered Guess to pay over $4 million in damages to Gucci. There are also pending actions in Paris and Nanjing, so the war rages on.