Posts Tagged ‘gucci’
Breaking: Gucci & Forever 21 Settle Stripes Case
Forever 21 and Gucci have settled their lawsuit over the Gucci Web trademarks – the famous Gucci Blue-Red-Blue and Green-Red-Green stripes.
The high-profile companies’ struggle over stripes created ripples throughout the fashion industry, especially among companies accustomed to sending cease-and-desist letters and negotiating private settlements with fast fashion’s usual suspects. F21’s preemptive dash to court via a declaratory judgment action didn’t strip Gucci of its stripes, but it will have a lingering effect on brand protection programs, causing trademark owners to re-consider whether sending a C&D is risk-free.
Disclosure: Professor Scafidi was an expert for Gucci in this case.
Forever 21 throttled in Gucci case
By Jeff Trexler
When Forever 21 filed for a declaratory judgment against Gucci in retaliation for Gucci’s C&D, it was a move clearly designed to go viral — and outside the courtroom, it worked. The fast-fashion company’s complaint was instant clickbait, with countless headlines propagating Forever 21’s florid claims that it could vanquish Gucci’s purported stranglehold on stripes.
Monday’s summary judgment in Gucci’s favor is a pointed reminder not to judge the strength of a case by its likes and shares. Yes, on the surface the judge leaves the door open for the Forever 21 to amend its complaint to address the issues raised in his order, but those of you who have been in the legal biz for any length of time know the old rhetorical trick. The judge disses Forever 21’s arguments with cursory brush-offs that can be summarized as follows:
However, since the Oh Really? Owl meme has not been formally recognized even by the Ninth Circuit as sufficient grounds for dismissing a case, the judge oh so graciously, with expansive deference to court procedures, gives Forever 21 eleven whole days to come up with a new basis for its lawsuit “if plaintiff still wishes to pursue this action.”
Which is secret judge code for “No, you really don’t.”
“To C&D or not to C&D?”
If you missed our anniversary event — or would like a reminder of its key points — Laurel Marcus at DFR: Daily Fashion Report has a smart and fun write-up here! The article provides a comprehensive overview of the panel’s main points, and you’ll also read about Professor Scafidi’s tribute to the late Pierre Bergé and the connection between Taylor Swift and the Gucci jacket featured in the pic below — and for more pics from the event, check out the photo album on the Fashion Law Institute’s Facebook page!
