This week, Gucci filed a lawsuit against Forever 21 for allegedly using Gucci’s trademarked stripes without permission. Within this filing, Gucci hopes to put an end to the feud between the two companies by including a motion to dismiss a complaint against Gucci that Forever 21 made in June, threatening litigation.
The official two motions of the complaint are to “dismiss the spurious claims that Forever 21 lodged on June 26, 2017,” and a counterclaim against Forever 21 for “willful trademark infringement, trademark dilution, and unfair competition.”
“Gucci America brings these counter claims because Forever 21 has challenged its most valuable and widely known marks,” according to a copy of the filing seen and reported by Business of Fashion. “And, further, because Forever 21’s legal assault, like its business model, is built on undermining the very notion of trademark protection, which is of critical importance to Gucci America’s brand.”
In a statement to The Hollywood Reporter, Gucci revealed they had “taken steps to finally put an end to U.S. mass retailer Forever 21’s blatant exploitation of Gucci’s famous and iconic blue-red-blue and green-red-green stripe webbing trademarks”. In order to successfully prove that Forever 21 is violating its trademark, Gucci would need to show that it’s likely that a customer shopping at Forever 21 would confuse its items with Gucci’s.
“Gucci considers the defense and enforcement of its celebrated trademarks of paramount importance in protecting its customers from those who wish to knowingly profit from deception and confusion.”
The luxury brand maintains its stripe combinations have been “iconic codes” of the fashion house for more than 50 years, with the blue-red-blue iteration introduced in 1951 and the green-red-green in 1963. According to Gucci, the first U.S. trademark registration of the webbing dates back to 1979.
There has been no formal comments or statements from Forever 21 yet.