It all started in 2009, when Gucci America Inc. sued Guess? Inc. for trademark infringements. According to Gucci, Guess was selling products with "studied imitations of the Gucci trademarks", which included a green and red stripe design, a square G, the designer’s name in flowing script and a diamond pattern with repeating interlocking G’s.
|Source: Counterfeit Chic|
Louis Ederer, Gucci's attorney, said Guess was doing a "massive, complicated scheme" to knock them off.
Gucci claims that Guess that cause a US$ 200 million losses and they are claiming US$ 124 million in damages.
On its defense, Guess argues that Gucci waited 7 years before suing them and that they could not claim infringement. Guess' attorney, Daniel Petrocelli, also stated that the brands are different and consumers were confused or mislead.
“[Guess] has no reason to be like Gucci and it did not scheme to be like Gucci,” and, “Gucci uses leather, Guess uses plastic”.
The trial began on March 28, 2012 and it is being conducted by U.S. District Judge Shira Scheindlin. It is expected to last at least two weeks.
And why did Gucci took seven years before suing Guess? According to the website Fashionista and Above the Law: the reason why Gucci’s case against Guess stalled a few years back was because Gucci’s original in-house lawyer had forgotten to renew his bar membership, making him ineligible to practice law. Oops. Armed with a new (fully licensed) lawyer, the design house will no doubt want to make up for lost time now.