If Gucci has its way, Forever 21’s attempt to invalidate a number of the luxe brand's trademarks will meet a quick end.The Kering-owned Italian design house told a California federal court on Friday that Forever 21’s argument stating Gucci's trademarks should be nixed don't stand up to scrutiny. Gucci noted that Forever 21 has admitted its entire argument for the cancellation of trademarks — covering different styles and fabrications of Gucci’s stripes, or “webbing” — rests on limited claims that stripes in red, green and blue are used too widely for legal protection. The luxury brand contended the fast-fashion retailer is incapable of bringing that claim up to the required legal standard.“At most, it argues that its ‘claims rest on the simple factual predicate that clothing with the striped pattern at issue are commonly available,’” Gucci said in its filing. “Even this is an overstatement of the complaint, because Forever 21’s allegations do not actually address the particular Gucci America webbing marks ‘at issue’ in this case. A complaint without even a single factual allegation addressed to the particular trademarks at issue, and that fails to identify the alleged third-party users or describe their allegedly similar products, must, on its face, be dismissed.”[caption id="attachment_10981181" align="aligncenter" width="600"] Examples offered by Gucci of apparel with allegedly trademarked striped features (left side) and Forever 21's purported copies.[/caption]Even if Forever 21’s claims were legally plausible, Gucci said there is nothing offered to support them.“The two sentences of the complaint that Forever 21 has now conceded form the sole basis for all three of its claims for cancellation offer none of the factual predicates necessary to establish the that webbing marks lack secondary meaning, are aesthetically functional, or are generic,” Gucci said.The brand went on to argue that “Forever 21’s characterization of its allegations as ‘facts’ does not entitle them to a presumption of truth.” With that, Gucci asked the court to immediately dismiss Forever 21’s call for cancellation of current and pending trademarks covering Gucci’s stripe designs.Gucci’s stripes have long been incorporated into the brand and the first design was registered in 1963. It’s been featured heavily in recent collections under the leadership of creative director Alessandro Michele on bags and accessories, dresses, jackets and suiting, among other items. After being put on notice last week of Gucci’s intent to file its dismissal motion, after it filed a number of counterclaims, Forever 21 defended its lawsuit as having “sufficient facts” and rejected the argument that it lacked standing to seek cancellation of the trademarks, since Gucci has demanded that it stop selling certain striped clothing.Forever 21 has faced more than its share of infringement allegations, but it took preemptive action against Gucci in June, saying the luxury house was going too far with its demands.The issue of dismissal is set to be considered in court later this month, but even if this part of the litigation is resolved, the rest of the litigation looks acrimonious enough to make a full trial necessary. The court is prepared for that outcome and last week set down a preliminary schedule for discovery throughout this year and most of next, culminating and a trial set to begin December 2018.For More, See:Photographer's Gigi Hadid Lawsuit Shows Limits of Street Style ShotsLVMH Sues Social Media Savvy Watch CounterfeitersAmazon Backs States’ Lawsuit Against Trump’s DACA Rollback
Harrods plans to remove the famous statue of Princess Diana and Dodi Al Fayed from the bottom of the Egyptian escalators and hand it back to Mohamed Al-Fayed. “We are very proud to have played our role in celebrating the lives of Diana, Princess of Wales and Dodi Al Fayed at Harrods and to have welcomed people from around the world to visit the memorial for the past 20 years,” said Michael Ward, Harrods managing director. “With the announcement of the new official memorial statue to Diana, Princess of Wales at Kensington Palace, we feel that the time is right to return this memorial to Mr. Al Fayed and for the public to be invited to pay their respects at the palace.” More on the news, with reporting by @loreleimarfil, at WWD.com. #wwdnews
@prada is introducing a new project at its men’s fall 2018 show this Sunday: “Prada Invites.” The fashion house invited four celebrated creative minds – @ronanaerwanbouroullec, Konstantin Grcic, @herzogdemeuron and @rem.koolhaas – to each create a unique item with its iconic nylon material. The designs will be unveiled on the runway show, which will take place at the company’s warehouse in Viale Ortles 25. #wwdfashion #mfwm (📷: @martinocarrera)
@kering_official is spinning off its stake in puma in an effort to focus on its luxury brands, the brand operator announced yesterday. “We are proud to have supported the turnaround of Puma, which now has unrivaled capabilities to take full advantage of the specific dynamics of its global markets and is poised to achieve substantial growth,” said François-Henri Pinault, Kering’s chief executive officer and chairman. Artémis will become a “long-term strategic shareholder” of Puma with a 29 percent stake. #wwdnews #wwdfashion (📷: @jilliansollazzo)
The fashion world mourns for celebrated street style photographer, Nabile Quenum, who died at age 32 in Paris.
Quenum, creator of the fashion blog “J’ai Perdu Ma Veste,” was a fashion week fixture, and regularly shot for New York magazine’s The Cut, among other outlets, and brands such as Louis Vuitton, Moncler and Adidas. He was also actively involved in the #NoFreePhotos initiative, which kicked off in the fall. Read more about Quenum in @kbsmoke's story on WWD.com. #wwdnews
@verwanggang and @maisonladuree have teamed up on a dessert collab called Vera Wang Pour Ladurée. The collection, which launched this week, features a specialty macaroon, as well as a wedding cake inspired by one of the designer’s gowns. “I could not imagine a more delicate or sophisticated creation to grace any couple’s celebration,” said Wang. #wwdfashion