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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
Birgit Clark
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Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
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Yvonne Onomor
Gucci vs Guess: The Italian 'Episode'

/blogs/class46/image.asp?id=4163Further to this blogger's ealrier post on Fashionista's report of the recent French court's decision in the dispute between Gucci and Guess, I wish to thank Pier Luigi Roncaglia (Studio Legal SIB), who acts for Gucci in the Italian part of this litigation, for correcting and bringing us up to date with the situation in Italy.

Pier Luigi writes that the Court of Appeal of Milan, via its desicion of September 2014 substantially reversed the decision of the Milan Court of First Instance and "held Guess liable for unfair competition through “parasitism”. In addition, the Court of Appeal found that Guess’ imitative conduct was intentional and caused Gucci detriment. The Court went on to establish that Guess will have to pay damages, based on the fact that the U.S. company “adopt[ed] signs resembling [Gucci’s] commercial offer, but at a lower price”.  While this decision is subject to a further appeal before the Supreme Court, the appellate proceedings are now continuing to establish, by means of a technical expertise, the amount of damages to be awarded to Gucci.".

Thank you Pier Luigi. 



Posted by: Nikos Prentoulis @ 10.19
Tags: Gucci, Guess, Italy, France, trademarks, infringement, unfair competition, damages, ,
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