Forever 21 isn’t giving up an effort to cancel Gucci’s trademarks for its classic, two-tone stripe design detail, and it's using the designs of numerous other brands to support its case.More than 40 brands and retailers across a range of price points, including Nordstrom and Bloomingdale’s and from Louis Vuitton and Balenciaga to Tory Burch, J. Crew and Urban Outfitters, were cited in Forever 21’s updated complaint against Gucci, arguing several trademarks covering the house’s blue and red as well as green and red stripe designs should be canceled.Forever 21 pointed to more than 130 examples of apparel being sold by a range of third parties, none of which are involved in the lawsuit, to show a California federal court last week that not only does its use of striped elements on apparel and accessories not infringe Gucci’s trademarks, but that the subject stripes are used too widely to even maintain such legal protection.“All of the Gucci registrations feature three parallel stripes colored blue-red-blue or green-red-green,” Forever 21 pointed out in a new complaint filed last week. “Many clothing and accessory items adorned with decorative stripes colored blue-red-blue or green-red-green are sold by countless third parties. Gucci should not be allowed to claim that Gucci, alone, has a monopoly on all blue-red-blue or green-red-green striped clothing and accessory items.”Considering Gucci has allegedly sent Forever 21 cease-and-desist letters regarding a number of items featuring two-tone stripes, the chain added that it’s unlikely shoppers will be “confused” by the products and think that they may be in some way affiliated with or endorsed by Gucci.Forever 21 said it “has not caved” to Gucci’s demands, and urged the court to undo the trademarks at issue and rule that there has been no infringement.A Gucci spokesman was largely dismissive of Forever 21's renewed effort, but said the house has no intention of backing down.
"The amended complaint is merely a longer version of Forever 21’s spurious first filing and underlines the extent to which Forever 21 will go to persist in its predatory business model, built on consumer deception and confusion," the spokesman said. "However, it does nothing to deter Gucci from its unwavering commitment to the enforcement and protection of its renowned trademarks and brand identity.”
The case goes back to early summer, when Forever 21 preemptively sued Gucci to undermine its trademarks after receiving multiple cease-and-desist demands. Forever 21 has faced more than its share of infringement allegations, but it’s attempted to justify its move against Gucci by saying the company is taking its ownership of stripes too far.Gucci’s stripes, referred to by the company as “webbing,” have long been incorporated into the brand and the first of now 14 protected designs was registered in 1963. The design element has seen a resurgence at the brand under the leadership of creative director Alessandro Michele, being used on bags, shoes, dresses, jackets and even suiting.Gucci hit back in August with counterclaims of infringement, dilution and unfair competition, and pushed for the outright dismissal of the allegations and the cancellation effort, arguing the complaint simply didn’t meet the required legal standard.A judge subsequently sided with Gucci and dismissed Forever 21’s suit, noting “the court is skeptical that plaintiff has sufficiently alleged facts to support its claims for cancellation based on lack of secondary meaning, aesthetic functionality and genericism.”Forever 21 was given the opportunity to amend its complaint with further support of its allegations and arguments. Gucci has until early December to again seek dismissal of the complaint.For More, See:Aquazzura Ends Trademark Suit Against Ivanka TrumpWal-Mart Costs Related to Bribery Probe Set to Exceed $1 BillionHot Topic Creditors Fuming Over Sycamore’s Torrid ‘Scheme’
In honor the @CFDA’s announcement of @iamnaomicampbell receiving the Fashion Icon Award at the 2018 #CFDAAwards, which will take place on June 4, here’s a #tbt of the supermodel on @michaelkors’ runway in 1991. #wwdfashion #wwdarchive (📷: George Chinsee)
“I was making the guacamole when my scout saw me,” says model @stuckinteenage on being discovered just six months ago while working at @chipotlemexicangrill. Since then Williams has signed with @dnamodels, walked in her first show at @calvinklein and landed on the cover of @vogueitalia – a high point of any model’s career. To read @lisajlockwood’s full interview with the model on her experiences thus far, head to WWD.com – link in bio. (📷: George Chinsee)
“I love the idea of dialogue, period. It’s where I’ve always gotten my inspiration from: hearing other women speak, their journeys and their paths,” said @hereisgina, who delivered the keynote speech during @sxsw for @createcultivate in partnership with @fossil. For her two panels, Rodriguez chose female empowering, female-led and female entrepreneurs to focus on. Head to WWD.com to read more about her thoughts on Time’s Up, growing up in a family of women and why we “need a girls’ club.” #wwdeye #sxsw (📷: @jgreenery)
Leading luxury brand are shaking things up to keep up with streetwear. Case in point: the arrival of @mrkimjones as artistic director of @diorhomme. Jones, who succeeds @Kris_Van_Assche, is seen as one of the handful of designers who can actually straddle the luxury and streetwear worlds — which could lead to even more changes at established brands. What could this mean for the rest of the menswear landscape? Head to WWD.com to find out what experts predict #wwdfashion (📷: @franckmura)
“It’s like buying groceries. You’re going to buy the best mango, the best mozzarella, the best things. You have to, or others are going to take it all,” said @gabrielahearst on why she uses only the finest fabrics. Last week, Hearst received her first @cfda nomination for Womenswear Designer of the Year, and earlier this month she opened a permanent showroom in Paris. To read @jessiredale’s interview with the designer and find out why this is shaping up to be a big year for her, head to WWD.com. #wwdfashion (📷: @francoisgoize)
“It’s an interesting thing, playing a younger version of your mother. It’s an interesting concept. I adore my mom and love her in every capacity, but it was just something that had never crossed my mind,” says @anniemstarke on playing a young Joan Castleman in “The Wife.” The same role will be played by her mother Glenn Close. Read more about her growing up in the film industry as the daughter of producer John H. Starke and Close and what she has planned for the future #wwdeye (📷: @nataliamantini)
@asics is launching a new streetwear sneaker inspired by its latest ambassador, @steveaoki. The Hyper-Kenzen x Aoki, which will launch at @footlocker stores exclusively tomorrow, is a slip-on style that incorporates the brand’s proprietary Gel technology through beads integrated into the midsole for comfort and endurance. Read the full story on WWD.com.