NEW YORK — Gucci won its class-versus-mass trademark battle against Guess Inc., but it wasn’t exactly the financial victory the brand was seeking.
A federal judge in Manhattan on Monday awarded Gucci $4.7 million in combined damages from Guess and its footwear licensee Marc Fisher Footwear — a fraction of the more than $221 million Gucci wanted.
Gucci argued at trial that the Guess designs in question were “studied imitations of Gucci trademarks” and that the company had “knocked off” more than $200 million in its product.
Guess’ chief executive officer Paul Marciano, who testified at the trial, issued a statement late Monday noting the case should have been resolved by the two companies and not the court.
“Gucci’s request in court was unconscionable by its scope and the amount of damages they claimed,” Marciano said. “They ‘forgot’ to claim certain trademark rights that Guess used for 23 years, such as the script logo and the court sided with Guess.”
The ceo hinted that the legal battle might not be over.
“I believe Gucci is currently court-forum shopping to find a friendly court but Guess will vigorously defend our rights in every jurisdiction,” he said, without elaborating.
An e-mail to Gucci’s lawyer was not immediately returned Monday night.
Marciano said an injunction issued by the court applied to a logo that Guess stopped using three years ago after Gucci filed its complaint. He also said the company would continue to use the Quattro G diamond pattern without Gs at the point.
Gucci filed the suit in 2009. At issue was whether Guess infringed on Gucci’s rights by using a variety of design elements, including a block letter “G,” a combination of green-and-red stripes and diamond-logoed motifs.
U.S. District Court Judge Shira Scheindlin wrote that Gucci had proven its dilution claims under the Lanham Act and limited Guess’ use of the Quattro G pattern in brown and beige colorways. The judge also found that Marc Fisher’s use of the green-red-green stripe was identical to Gucci’s trademark and likely to cause trademark dilution.
Scheindlin, however, denied Gucci’s claim of counterfeiting, noting “courts have uniformly restricted trademark counterfeiting claims to those situations where entire products have been copied stitch-for-stitch.”
Gucci was granted profits for Guess’ use of the Quatro G pattern in brown and beige colorways and the green-red-green stripe.
Gucci was also granted a permanent injunction barring Guess from using the Quattro G pattern, the green-red-green stripe and certain other square G marks.
“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,’” Scheindlin wrote. “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.”
EXCLUSIVE: @tomford is opening its first-ever beauty store. The boutique, which opens November 20 in London’s Covent Gardens, was designed with the over-the-top glam Ford is known for. Read the full story on WWD.com, link in bio. #wwdbeauty #wwdnews (📷: Simon Wagner) #TomFordBeauty
New York-based DJ @harleyvnewton threw a party to celebrate the holiday collection of her dress and pajama line @hvn at the Ladurée Beverly Hills. It Girls @katebosworth, @rashidajones and more joined in on the fun, which included cocktails, croque monsieur sandwiches and a photo booth. #wwdfashion (📷: Owen Kolasinski/BFA.com)
For the holidays, @Burberry partnered with 20-year-old artist @blondeymccoy on a series of three outdoor murals in downtown Manhattan. The murals are McCoy’s interpretation of a Christmas eve party, the idea of charity and the spirit of family. His third mural, pictured here, is the most personal. The image depicts McCoy’s grandparents and father in London’s Trafalgar Square in the Seventies. “My work often features lots of sentimental objects.” #wwdeye
For spring 2018, designers applied bold colors and cartoonish motifs on everything from sneakers and belts to key chains. See all the top men’s accessories trends on WWD.com. #wwdtrends (📷: George Chinsee; Prop Styling by @rnasti; Market Editor: @luiscampuzano)
The @dior-sponsored @guggenheim international gala pre-party has a history of drawing cool-girl musical acts to serenade the crowd –– and last night was no exception. @haimtheband performed songs both new and old, and lured a star-studded audience with the likes of Rebecca Hall, Kate Mara, Mamoudou Athie and more. #wwdeye (📷: @lexieblacklock)
In a partnership between the @metopera and the @englishnationalopera, “Marnie” was born. The opera, with costumes sponsored by @mrporterlive, is an adaptation of the 1961 thriller by Winston Graham. Arianne Phillips, who created the costumes, is no rookie: She’s styled Madonna for her tours and created costumes for a myriad of films in the past. Read WWD’s interview with Phillips, where she talks about her inspiration for the opera’s costumes on WWD.com #wwdfashion
@barneysnyc took a different approach to their holiday windows this year. Instead of Christmas decor, Barneys tapped @thehaasbrothers to tell a story of positivity, gratitude and inclusivity via heartwarming silliness and humor. “It’s about kids and it’s about coming together and being family and loving each other,” said Simon Haas. #wwdfashion (📷: @joshuascottphoto)
Beauty influencer @kandeejohnson makes her foray into hair care with a collaboration with @ogx_beauty — making it the first time that OGX has teamed up for a product creation. The collab includes shampoos and conditioners in three scents. At 39 and a mom, Johnson is a different profile than the emerging social media stars, but is considered one of the pioneers of the digital beauty influencer world. Read WWD’s interview with her on wwd.com, including the strangest beauty product she’s ever tried #wwdbeauty