There is a protracted historical past of excessive style manufacturers suing decrease fast-fashion manufacturers (Zara, Urban Outfitters, and so on.) for ripping off their designs. The development is especially disastrous to these large firms, who show their designs on a runway months earlier than they’ll ever be out there to buy in a brick-and-mortar retailer or on-line. On the opposite hand, fast-fashion labels can look on to runway exhibits and instantly produce ripoffs that may be on their cabinets inside weeks.
All that is to say that this can be very shocking to listen to that Forever 21 is flipping the script and suing Gucci. But, after all, Forever 21 is not suing Gucci for ripping off their designs — in spite of everything, how does one rip off a ripoff? Instead, Forever 21 is suing Gucci in an try to cease being sued by Gucci. Though I might argue that it makes extra sense to easily cease stealing designs from different creatives, Forever 21 has tried to preemptively defend their proper to repeat.
Gucci is well known for his or her striped designs, notably these with a blue-red-blue or green-red-green sample — and it is value mentioning that the Italian home has had a trademark on that sample since at the very least 1988. However, within the lawsuit, which was filed this week within the U.S. District Court for the Central District of California, Forever 21, referring to themselves as an “American success story,” alleges, “Many clothing and accessory items adorned with decorative stripes colored blue-red-blue or green-red-green are sold by countless third parties. The colors red, blue, and green, and stripe designs, are among the most favorite, popular and widely used colors and design features on clothing.”
Gucci first despatched a cease-and-desist to Forever 21 in December 2016 as they anxious that the model’s oddly comparable designs can be mistaken for an official Gucci product — which may probably taint the picture of the well-known Italian home and result in a depreciation of their product. The legal professionals at Forever 21 do not agree although, claiming, “Consumers are not likely to be confused into believing the Striped Products sold in Forever 21’s stores by Forever 21 are manufactured by, sponsored by, authorized by, or otherwise associated or affiliated with Gucci.”
In a press release given solely to The Fashion Law, representatives for Gucci stated: “Forever 21’s reputation for being accused of profiting from the trademarks and copyrights of others, including Gucci, is well established. Now, in an effort to distract from its own blatant infringements, Forever 21 is attempting to attack some of Gucci’s most famous and iconic trademarks. This will not deter Gucci from pursuing its own claims against Forever 21 as port of its ongoing commitment to the vigorous protection of its valuable intellectual property rights and distinctive brand identity.””
[h/t The Fashion Law]
Splash photograph through Robert Marquardt / Getty Images
Forever 21 Has Filed a Lawsuit Against Gucci Because They Are Sick of Being Sued By Gucci by: Pamela Hendrix published: