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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.
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