The latest court ruling in ongoing trademark litigation between Gucci and fashion retailer Forever 21 dismisses Forever 21's complaint against the luxury fashion house, but does allow the company to refile. A US District Judge's ruling said the court was "skeptical" that Forever 21 had presented sufficient facts to back its claims for the cancellation of Gucci's three-striped design trademarks.
This all began when Gucci sent a cease-and-desist letter to Forever 21 in December 2016 to stop Forever 21's sale of merchandise featuring blue-red-blue and green-red-green stripes that it claimed resembled the Gucci design marks that have been registered since 1988. Gucci sent Forever 21 two more cease-and-desist letters in January and February 2017.
Then in June, Forever 21 sought protection against trademark litigation from Gucci in a declaratory judgment, asking a California court to cancel the Gucci stripe trademarks, based on the claim that other companies sell clothing and accessories “adorned with decorative striped colored blue-red-blue or green-red-green…” Gucci's response? In August, Gucci asked for the case to be dismissed, which resulted in this recent ruling in its favor.
You can view some comparisons of the two companies' merchandise in this The Business of Fashion article.
Forever 21 can file an amended complaint until November 17 and Gucci has until December 4 to respond. But, as The Fashion Law points out, this doesn't mean this trademark dispute ends here. In August, Gucci had counter-sued Forever 21 for trademark infringement, claiming trademark dilution.