Forever 21 takes pre-emptive strike against Gucci over stripe trademarks
Retailer Forever 21 is seeking a declaratory judgment of non-infringement of trademarks belonging to Gucci.
The case was filed last Monday, June 26, at the US District Court for the Central District of California.
In the complaint, Forever 21 seeks protection against a threat of trademark litigation by Gucci over a stripe design on some of its items.
According to the complaint, Gucci sought to prevent Forever 21 from using stripes with common colours and accessories sold at Forever 21.
Forever 21 said: “Gucci has warned Forever 21 in writing of Gucci’s allegations that Forever 21 is infringing Gucci’s trademark and has threatened to sue Forever 21 to recover monetary and injunctive relief.”
The company argued that consumers are not likely to believe any of Forever 21’s items are manufactured by or associated with Gucci.
Forever 21 said that it is not infringing Gucci’s trademarks and that Gucci’s trademark registrations relevant to this dispute should be cancelled.
It added: “Gucci’s pending applications should not proceed to registration. This matter is ripe for a declaratory judgment.”
The suing company has also asked the district court for costs for bringing the case to court.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox
Today’s top stories:
20% of companies believe trade secrets have been stolen: report
A step too far: Apple sued for patent infringement over fitness apps
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk