LOS ANGELES, United States — A United States District Judge ruled in favor of Gucci in its ongoing court battle with Forever 21 on Monday by dismissing the fast fashion retailer's complaint against the luxury brand. Forever 21 has permission to refile, however.
In June, Forever 21 sought protection against threats of trademark litigation from Gucci over the use of stripe webbing on several items. Gucci responded by filing to dismiss the complaint and introducing counterclaims of trademark infringement, trademark dilution and unfair competition.
“The court is skeptical that [Forever 21] has sufficiently alleged facts to support its claims for cancellation based on lack of secondary meaning, aesthetic functionality, and genericism,” states the judge’s order from Monday.
“Following the U.S. District Court’s ruling on November 6, 2017, Gucci is pleased that its motion to dismiss Forever 21’s spurious claims has been granted,” a representative for company said in a statement. “Notably, the court commented on the significant defects in the claims brought by Forever 21. This is an important step in Gucci’s continuing commitment to the protection of its renowned and iconic intellectual property. Gucci looks forward to enforcing its rights and prosecuting its trademark infringement, trademark dilution and unfair competition counterclaims against Forever 21.”
Forever 21 has until November 17 to file an amended complaint; Gucci then has until December 4 to respond.