24
Apr2013

Trademark Infringement

We recently blogged about the issue of trademark infringement due to counterfeits being shipped to the US from abroad. But there is also a constantly revolving door of lawsuits involving two separate, legitimate brands suing one another over similar designs that may or may not warrant a trademark infringement lawsuit. A recent lawsuit involving the Italian luxury brand Gucci and the more middle market label Guess is a good example.

Gucci filed a lawsuit against Guess citing five different uses of their marks including their iconic intersecting G’s as well as their well known red and green stripe. In total, Gucci’s lawsuit claimed $120 million. However, of the five separate designs Gucci claimed that Guess had committed trademark infringement against, the judge only recognized three.  Guess was ordered to pay $4.68 million and was barred from using the designs going forward.

It seems that under $5 million is nothing compared to the $120 million that Gucci had originally claimed. However, when it comes to trademark, the important aspect is not necessarily if something was imitated or copied, but whether or not it would truly cause brand confusion. Artists will always imitate one another, and trends are bound to be emulated. It is only if a judge determines that the “imitator” came too close to the original in their design thus causing consumers to be unable to distinguish between the two brands that trademark infringement occurs.

The Patterson Law Firm has extensive experience working on trademark infringement cases.  We stay abreast of the trends in technology and business in order to be able to provide our clients with the best possible representation.

If you would like to learn more about our trademark infringement click here or call (312) 223-1699 to speak with one of our experienced attorneys.

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