.Guess the difference: the Gucci vs. Guess sneaker. PHOTO:
Guess, Gucci
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Gucci versus Guess: Paul Marciano of Guess defends
infringement allegations
Marciano, founder and CEO of Guess, took to the stand to
defend the $221million lawsuit brought forward by Italian luxury label Gucci.
They say there's two sides to every story, and in New
York yesterday, Guess chief executive Paul Marciano
took to the stand to defend the multi-million dollar lawsuit issued against his
label by luxury heavyweight Gucci.
WWD have documented the courtroom battle, which stems from
Gucci claiming that Guess and its footwear licensing company, Marc Fisher
Footwear, devised a "massive scheme" to copy Gucci's trademarks
including the classic square 'G', the diamond-shaped repeating pattern with
interlocking G's, the designer's name in its script font, and the green and red
stripe design.
Mr Marciano denies the claims and stated that his brand took
"inspiration" from many other labels - not just Gucci.
"This kind of pattern is common in the world of fashion
and it's not particular to Gucci," he said, referring to a Guess handbag
with a diamond-logoed "G" pattern brandished by Gucci's legal
counsel. "What I understand here, which is very frequent [in fashion], is
an inspiration to create an original bag of G's with the same components.
That's what design is.
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However Gucci's legal counsel were armed with e-mails dating
from 1995 to 2008 in
which Marc Fisher Footwear discussed sending Gucci fabric samples to Guess'
fabric supplier, so that they could replicate the colouring for its logo motif
for shoes.
Marciano's response? He claimed he had no knowledge of these
conversations, but admitted he was "embarrassed" when he saw Guess's
Mette and Melrose sneakers, which
feature "G" logos and stripes. Said trainers were pulled from the
market in November 2008, but Gucci's legal team pointed out that the style
could be found deeply discounted thereafter.
Strong words were also exchanged, with Gucci stating:
"The truth is that Guess has been knocking off Gucci for years."
Marciano's comeback consisted of: "No…fashion is about
trend, mood and inspiration. You interpret your own way with your own
brand."
Marciano also asserted that he was "not happy"
about the lawsuit, saying it was "wrong".
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He explained how Gucci had no conflict with Guess until
2007, when it sent a cease-and-desist for the use of items with a
green-red-green stripe accompanied by diamond "G" logos (repeating
how said products have been removed from the market).
"I truly believe that if this is something Gucci was
genuinely concerned with, they would have acted within days, everywhere,"
Marciano said. "Are you telling me today that suddenly you realize what's
happened in 1995?"
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