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How well do you know Gucci's Gs?

Distinctiveness of well-known brands: It can sometimes seem contradictory that brands with an enhanced distinctive character are afforded broader protection. 

Aren't consumers less likely to be confused when faced with copycats of a luxury brand? 

Relying on reputation / unfair advantage (if any) will often help trade mark owners succeed where there is no likelihood of confusion. This is what the Italian Supreme Court recently reminded the Florence Court of Appeal in a case opposing Gucci to a third party seeking to register a “G” mark.

“it is utterly irrelevant that those who are used to buying original products may not be misled with regard to the origin of the product bearing the trademark of the infringer, since such product can be addressed to those consumers who consciously choose it not for its intrinsic decorative or material characteristics, but only for its strong resemblance to the "famous" one, perhaps to "pass it off" as the original to less attentive or less qualified less attentive or less expert in recognizing famous brands.”

Tags

fashion & retail, brands & trade marks