The case of Gucci and Forever 21 has been ongoing for over a year now, with Gucci originally alleging that Forever 21 infringed its trademark by using the ‘blue-red-blue’ and ‘green-red-green’ striped webbing. Forever 21 has been at the forefront of many litigation cases in the past year over its fast-fashion versions of many luxury items. The reason this case, however, seems to be so important is because it looks like Gucci might actually be in with a chance of winning.
After a cease-and-desist letter was sent to Forever 21 by Gucci, Forever 21 requested protection against the threats of litigation from a court. They argued that the stripes used on their products were not ‘inspired’ by the stripes Gucci had claimed to trademark and that they ‘lacked secondary meaning’ and were just aesthetically functional and generic stripes.
However, a United States District Judge ruled against the ‘disposable fashion’ giant this week, dismissing their complaint and disagreeing with their statements about the competing luxury brand. In a statement, a Gucci spokesperson said that the judgement is “an important step in Gucci’s continuing commitment to the protection of its renowned and iconic intellectual property.” They continued to state that “Gucci looks forward to enforcing its rights and prosecuting its trademark infringement, trademark dilution and unfair competition counterclaims against Forever 21.”
In addition to this, we think Adidas will be pretty happy with the judgment, after they took filed against Forever 21 last year over their use of stripes, too. Forever 21 have until November 17th to dispute the decision.