High fashion and unfair competition

01-08-2010

Stephen Yang

The Ningbo Intermediate People’s Court in Zhejiang Province recently announced its first instance decision on the dispute between Guccio Gucci SPA and Ningbo Outlets Shopping Co. Ltd, after Gucci sued the latter.

The Ningbo Intermediate People’s Court in Zhejiang Province recently announced its first instance decision on the dispute between Guccio Gucci SPA and Ningbo Outlets Shopping Co. Ltd, after Gucci sued the latter for trademark infringement and unfair competition. The court found that the defendant used the trademark ‘Gucci’ without authorisation, which constituted unfair competition. It ordered the defendant to stop using the trademark Gucci immediately and pay RMB50,000 ($7,350) in compensation.

In May 1983, Guccio Gucci SPA registered its Gucci trademark for merchandise including clothing, footwear, headwear, socks, ties, travelling bags and purses. On October 28, 2009, the company filed suit at the intermediate court against Ningbo Outlets for trademark infringement and unfair competition.

Guccio Gucci stated that as a shopping centre for clothing, apparel, shoes, hats, bags and other fashion merchandise, Ningbo Outlets, without authorisation, prominently used the same word Gucci as the sign of its No.108 shop selling the same goods. It also allegedly used the name Gucci for advertising, infringing the plaintiff ’s trademark in an act of unfair competition. Guccio Gucci asked the court to order Ningbo Outlets to immediately stop its infringement and pay RMB500,000 ($73,500) in damages.


Gucci, trademark infringement

WIPR