European Court rules in favour of Guess in trademark battle with Gucci

London - Guess has emerged as the victor once more of the ongoing trademark battle between the denim brand and Italian fashion house Gucci.

The General Court of the European Union has rejected two of Gucci's trademark claims against Guess. The first claim concerned Guess's current European trademark registration for its four interlocking capital letter 'G' stylised logo, with the second claim concerning the label's pending application for an international trademark for its interlocking logo. The Italian fashion house argued that Guess's logo infringed on its international and European Trade trademarks for its own interlocking 'G' logo. In addition, Gucci also argues that Guess 'G' logo was too similar to its previous 'G' logo.

Guess emerges as the victor in trademark battle with Gucci

However, the European Court dismissed Gucci's case to invalidate Guess's trademark logo in both claims as it held the two marks were different and ordered the Italian fashion house to pay all costs of the case, including all costs incurred by Guess.

The ongoing court case dates back to 2012, when Gucci first filed a notice of opposition to the registration of Guess's four 'G' trademark. Gucci argued that the trademarked logo was too similar to a number of 'G' logos it held, including its iconic interlocking 'G' logo. However after Italian, American and Parisian courts all rejected Gucci's claims, the General Court of the European Union ruled against the luxury fashion house's claims.

The General Court found the trademarked logos from Gucci and Guess all created "different visual impressions" and as they held no phonetic comparisons and were designed to act as an "abstract ornamental motif", without any semantic content of their own. In addition, the European Court noted although both logos were based on the letter 'G', the two could not be compared and are of a "completely different structure."

"These decisions are just one more decision in a long line of disputes between Guess and Gucci over various G devices," commented Lee Curtis, partner and trademark attorney at law firm HGF. "Although one could allege that the Guess logo incorporates the letter G, rightly in my opinion, the General Court held that the Guess logo was much more complex that the Gucci G logos and that overall the respective trade marks would simply not be confused or be deemed similar by the consumer."

"It is possible that Gucci may appeal the decisions of the General Court, but based on the decisions to date in this matter, it seems very much more likely that Guess would again successfully defend such appeals."

Photos: Guess and Gucci AW16, respective websites