Plaintiff Gucci America, Inc. (“Gucci”) and its affiliated companies own and control the world famous GUCCI brand. Among Gucci’s iconic designs are its Green-Red-Green stripe design (“GRG Stripe”), its “Stylized G” design mark, and its “Diamond Motif” trade dress, featuring a repeating diamond pattern bearing interlocking paired G letters on the corners. Gucci has used these iconic designs for decades on a wide variety of products, ranging from handbags to sunglasses, watches, and car interiors.
Defendant Guess? Inc. (“Guess”) sells branded apparel and accessories in hundreds of retail stores and over one thousand department stores nationwide. Since its founding in 1981, Guess has established itself as a “mid-market lifestyle brand” for men and women. Guess has promoted its brand name in a script-font with a “loop” in the letter “G” at the beginning of the GUESS name and/or an underline under the GUESS name (“Guess Script”) on its products since the early 1980s. Guess first sold products bearing a “Square G” design in 1996, and has used the Square G design on over fifty different styles of handbags, selling millions of units of merchandise bearing that design.
Plaintiff Gucci America, Inc. (“Gucci”) and its affiliated companies own and control the world famous GUCCI brand. Among Gucci’s iconic designs are its Green-Red-Green stripe design (“GRG Stripe”), its “Stylized G” design mark, and its “Diamond Motif” trade dress, featuring a repeating diamond pattern bearing interlocking paired G letters on the corners. Gucci has used these iconic designs for decades on a wide variety of products, ranging from handbags to sunglasses, watches, and car interiors. Defendant Guess? Inc. (“Guess”) sells branded apparel and accessories in hundreds of retail stores and over one thousand department stores nationwide. Since its founding in 1981, Guess has established itself as a “mid-market lifestyle brand” for men and women. Guess has promoted its brand name in a script-font with a “loop” in the letter “G” at the beginning of the GUESS name and/or an underline under the GUESS name (“Guess Script”) on its products since the early 1980s. Guess first sold products bearing a “Square G” design in 1996, and has used the Square G design on over fifty different styles of handbags, selling millions of units of merchandise bearing that design.
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