Is Forever 21 Reclaiming The Gucci Striped Trademark Patent?

Before the death of the Yellow River, he was rejected by the court.

After the patent application of striped trademark, the United States will not concede defeat.

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A collection of cases involving more than 40 brands and retailers including LV, Balenciaga, Tory Burch, J.Crew and Urban Outfitters were collected in blue, red, green and red stripes. They were submitted to the federal court of California in the United States to apply for the cancellation of the patent of Gucci striped trademarks again.

Gucci spokesman said that the re application of Forever 21 was just a struggle, and no way to change the predatory commercial behavior of Forever 21 arbitrarily plagiarizing other brand designs, nor to waver in Gucci's commitment to the implementation and protection of brand trademarks and design patents.

In December 2016, Gucci sent a lawyer's letter to Forever 21, insisting that all the clothes with "blue red blue" or "green red green" stripes sold by Forever 21 were the exclusive designs that Gucci had obtained federal trademark protection as early as 1988.

In January and February, Gucci issued two letters again, indicating that if Forever 21 did not withdraw its 3 flight jacket, 1 sweaters and 1 necklaces, it would be sued for Gucci (sold in physical stores and online), and Gucci would sue.

As a counterattack, Forever 21 filed a lawsuit against Gucci, on the one hand, denying the accusation of plagiarism of Gucci products. On the one hand, it further requested the court to revoke the 9 registered trademarks that Gucci has obtained.

In fact, Gucci tried to reach an out of court settlement with Forever 21, but after Forever 21 filed a lawsuit with the court, Gucci decided to formally sue the latter, accusing Forever 21 of infringement and unfair competition, and demanded that Forever 21 stop selling related products immediately and make compensation, but the specific claim amount is not clear.

Gucci made a stern attack on Forever 21 in the federal court of California, accusing the latter of relying on plagiarism and saying that the latter tried to disguise itself as a victim to distract others from the attention of the infringement facts.

A spokesman for Gucci said: "although Forever 21 tried to intimidate Gucci by lawsuits to suspend its rights protection, we are still committed to protecting intellectual property as before.

Our goal is to completely prevent Forever 21 from continuing to embezzle the registered trademarks and proprietary designs of Gucci and other brands. "

Gucci spokesman stressed that the design of Forever 21 is a blatant plagiarism of Gucci. He said: "Forever 21 knows the importance of these registered trademarks, but still wants to let the courts withdraw them.

This will not only cause damage to Gucci, but also have a bad effect on other brands.

Our move is also aimed at protecting consumers' rights and interests, so that they will not confuse their products with similar designs. "

In fact, the decorative stripes and colors of these trademarks have become popular and are no longer the exclusive trend of Gucci.

If the registered trademarks are revoked, their ownership will no longer cause confusion.

It is reported that Gucci applied for patent protection for its striped design in 1963. It was widely used in the design of creative director Alessandro Michele in recent years and produced many explosions.

It is worth mentioning that in recent years, the clothing business of Forever 21 has become more and more difficult.

With Zara, H&M and other fast fashion giants entering the Japanese market one after another, the emergence of Japanese local brands Spinns and WEGO, and the rapid rise of fashion business providers, the core consumer of Forever 21 has been losing.

The first flagship store in Japan was closed in October 15th.

Located in Harajuku, Tokyo, which opened in April 2009, it attracted 1800 consumers queuing up to buy and quickly became a shopping paradise for Japanese fast fashion consumers.

Some analysts pointed out that lower and higher passenger flow and high rent were the main reasons for the closure of Forever 21 flagship store in Japan.

Earlier, there was a rumor that Forever 21 was losing its sales in Australia, and its flagship store in Sydney will soon be closed, and its berth will be replaced by Woolworths.

Last year, the news also pointed out that Forever 21 was losing ground. After announcing the withdrawal from the Scotland market in early April, it began to reduce the size of its UK market and even withdraw from the UK market.

In the Chinese market, Forever 21 has opened 4 stores in Shanghai. At the beginning of this year, 6 flagship stores in the Tongluowan JINGWAH center of Hongkong area were closed. Only a small store in Mong Kok was retained. The original flagship store will take over by Victoria 's Secret.

Some analysts have pointed out that Forever 21 has begun to plunge into a downturn after its rapid expansion.

Chinese consumers have reflected that in the past year, the Forever 21 product design is not suitable for Chinese consumers' demand. The practicability of the American short blouse and short skirt is greatly reduced. There are a lot of hoarding goods in the shops, and the volume of passenger traffic is also significantly reduced.

In addition, Forever 21 also launched the idea of the beauty market. It plans to take the lead in opening up 10 Beauty Collection stores Riley Rose in the United States before this Christmas holiday.

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