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Fashion label Gucci has decided to file a lawsuit against fashion chain Forever 21 in the United States. The case revolves around several pieces of clothing, all with a blue-red-blue or green-red-green ribbon.
“Reprehensible exploitation”
According to Gucci, it has a trademark for that particular type of combination, as it has been part of its own collections for more than fifty years. Forever 21 does not agree and filed its own lawsuit after Gucci had sent several cease and desist letters asking for the items to be removed from sale.
Forever 21 had asked a judge to dismiss Gucci’s trademark. It also feels there is no confusion at all, because the consumer is smart enough to realize that a Forever 21 piece has nothing to do with the Italian fashion brand. However, Gucci has now filed a counter-claim based on two issues: it wants Forever 21’s claim to be dismissed and it wants its own trademark to be upheld.
“Despite Forever 21’s attempt to use its lawsuit to intimidate Gucci into ceasing its trademark enforcement efforts, Gucci is as committed as ever to protecting its long established intellectual property rights, which are at the heart of the brand’s identity, and to ending once and for all Forever 21’s reprehensible exploitation of its distinctive trademarks and those of other brands who have suffered the same type of piracy”, Gucci said in a statement.
