LOS ANGELES -- A U.S. District Court judge has reset to Feb. 22 a hearing for a preliminary injunction sought by Georges Marciano in his suit against his three brothers, the owners of Guess Inc.
Judge Wallace Tashima extended the hearing date from Jan. 24 to give Georges Marciano more time to prepare papers for the hearing. Attorneys for Georges Marciano requested the extension, while lawyers for the three Marciano brothers argued against it.
Georges Marciano -- who founded Guess with his brothers in 1981 and left the firm as chairman last August -- filed the suit on Dec. 20, alleging that his brothers infringed on the trademark he owns for the Marciano name. The suit claims Guess was selling apparel under the Marciano Collection label without his approval, which the suit said violates the trademark and a licensing pact he had held with Guess.
Marciano is seeking a preliminary injunction to prevent Guess from selling any new lines with the Marciano trademark.
The suit claims that as part of his agreement to leave the company, Guess was required to phase out all uses of the Marciano trademark and by Aug. 24, 1994, would no longer sell any products with the Marciano or Georges Marciano label. Georges Marciano is to regain the right to use his name on that date, the suit says.
According to the suit, Georges Marciano discovered in late November that Guess was producing a new line under the Marciano Collection label without his authorization. Attorneys for the three Guess owners -- Paul Marciano, president; Maurice, chairman, and Armand, executive vice president -- have told the court Guess is not selling any new designs with the Marciano name but is selling old merchandise that Georges Marciano had approved for sale.
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