You always have trendsetters and trendfollowers, nothing wrong with that. But the trendfollowers should keep respectful distance. And this is the question in the US law suit between Gucci and Guess? in respect of allegedly copied shoes (examples left) by Guess?.
An interesting IP matter which could have million dollar consequences. Guess? defense has now been largely dismissed. The Court rejected the argument that evidence of actual confusion is required to prove infringement based upon post-sale confusion. A standard likelihood of confusion assessment must be done whereas the absence of actual confusion does not necessarily preclude post-sale confusion.
The law suit has entered its final stage with probaly the biggest question: how high will be the injunctive relief?
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