Trademark News & Screw-ups Gucci VS Forever21: Trademark Infringement or Takeover?

Looks like after Forever21 was sued by Adidas and Gucci, they suddenly became a fan of suing others for using stripes. Forever21 is not really trying to prove that Gucci infringes on Forever21's IP. What they're seeking is a declaratory judgement that would prevent Gucci from using Forever21 for trademark infringement over the stripes. This is a usual tactic when you receive a cease and desist letter and you disagree that it has substance. Yet, you don't want to continue business as usual knowing that there might a threat lurking out there. So instead of waiting to be hit with a lawsuit, you make the preemptive strike and seek a declaratory judgment that—if you succeed—will put an end to claims against you.

The video below features Andrei Mincov's commentary of this article.



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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.