2017年11月8日星期三

Forever 21 "Revoked Gucci Registered Trademark" request was rejected by the court

The long-standing legal dispute over intellectual property between the Italian luxury brand Gucci and the United States fast-fashion retailer Forever 21 brought a staged result in this week.
The District Court in California filed a judgment on Monday dismissing Forever 21's request to Gucci in June to "withdraw nine registered marks that Gucci has acquired." In the judgment, the judge stated: "The court found that the AmiClubwear Coupons plaintiffs lacked sufficient evidence to support their claim. Moreover, some of the registered trademarks that the plaintiff requested to be revoked did not fall within the scope of the previous defendant's accusation that the plaintiffs infringed the plaintiff's right to ask the court Revocation of the trademark registration rights. "
This matter originated December 2016, Gucci to Forever 21 sent a letter of attorney, insisted that Forever 21 for sale with all the "blue and red" or "green and red" striped clothing is Gucci as early as 1988 has been Obtain the exclusive design of federal trademark protection. Gucci again sent two letters in January and February of this year indicating that if the Forever 21 did not retrieve (in store and online) a copy of Gucci's three flight jackets, one sweater and one necklace, Gucci would Litigation.
As a counterattack, Forever 21 filed a lawsuit against Gucci, on the one hand denied the accused of copying Gucci products, on the other hand further requested the court to cancel Gucci has received nine registered trademarks. Forever 21 claims that the decorative stripes and colors under these trademarks have become widespread and are no longer the exclusive Gucci trends. If these registered trademarks are withdrawn, their ownership issues will no longer lead to confusion.
Gucci tried to reach an out-of-court settlement with Forever 21, but after Forever 21 filed a lawsuit against the court, Gucci decided in August this year to formally prosecute the latter, accusing Forever 21 of infringement and unfair competition and asking Forever 21 to stop selling the relevant item immediately , And make compensation, but the exact amount claimed is not clear. The Forever 21 items affected include a flying jacket, a sweater and a necklace that are sold online and in stores at Forever 21.
Gucci iconic stripe design is widely used in a variety of goods, including handbags, shoes, jackets and even suits. As early as 1963 Gucci began to apply for this design style patent, so far already has 14 related intellectual property rights.
Although the court has dismissed Forever 21's appeal, the latter could still provide the court with more relevant evidence for further petitions by November 17. In addition, Gucci's Forever 21 complaint is still pending.
A Gucci spokesman said they were "satisfied" with the court's decision, saying: "Gucci has been proactively protecting our intellectual property and this decision is an important step for us." Forever 21 did not comment on this Comment when
This is not the first time that Forever 21 has been involved in plagiarism lawsuits and has allegedly copied the Fenty collection of slippers designed by the sports brand Puma in collaboration with renowned singer Rihanna or "The Life of Pablo" by renowned Hip-Pop singer Kanye West. Clothing series.
However, not long ago, Gucci himself plunged into more plagiarism cases. First accused of copying the design of Dapper Dan, Garment King in the Harlem district of New York, and was plagiarized by two other artists.



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