Gucci files counterclaims against Forever 21 trademark lawsuit
Gucci has filed counterclaims and a motion to dismiss Forever 21's lawsuit over a stripe design.
The Italian luxury label was hit with a complaint from the high street retailer earlier this year (17) after it failed to accept Gucci's cease and dismiss letters demanding that the company stop using any "blue-red-blue stripes".
In retaliation, Forever 21 hit back by stating their clothing does not "infringe on any Gucci trademark" and filed legal action to gain protection over the parallel line design, declaring in June that Gucci doesn't have a case for trademark infringement, with the lawsuit reading, “Many clothing and accessory items adorned with decorative stripes colored blue-red-blue or green-red-green are sold by countless third parties. Gucci should not be allowed to claim that Gucci, alone, has a monopoly on all blue-red-blue and green-red-green striped clothing and accessory items.”
On Tuesday (08Aug17) Gucci stood its ground once more, filing a further lawsuit in the United States District Court, Central District of California, against Forever 21 with demands including dismissing the retailer's earlier complaint and unfair competition.
While the items, such as a bomber jacket, a green tiger motif jumper and a striped choker, are no longer listed on Forever 21's website or sold in stores, Gucci is still keen to protect its trademark design, which began back in 1963, with trademarks for the blue-red-blue and green-red-green stripes being issued in 1979 and 1988 respectively.
“Gucci has today 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," a spokesperson for the label, helmed by Alessandro Michele, told Refinery29.
"In two filings today in the United States District Court, Central District of California, Gucci has asked the Court to dismiss the spurious claims that Forever 21 lodged on June 26, 2017, and has brought counterclaims against Forever 21 for willful trademark infringement, trademark dilution and unfair competition."
The brand also stated it is as "committed as ever" to protecting its property rights, which sit at "the heart of the brand's identity".