Lawyers in Gucci‘s copyright infringement case against Guess made their closing statements on Thursday, which means it’s almost over!
Guess’s lawyer Daniel Petrocelli reiterated that e-mails between Gucci and footwear licensee Marc Fisher regarding Gucci products are common in the industry:
“When you’re sitting here in court and looking at one e-mail after another saying Gucci this and Gucci that…even to me it looks troubling…but people are confused by product, not e-mails,” Petrocelli said, addressing presiding Judge Shira Scheindlin.
“For the most part, the e-mails did not translate to the product,” he said, adding that all brands look to their competitors for inspiration. “I think if we ask for Tom Ford or Frida Giannini’s e-mails, we would see the same thing.”
Petrocelli continued by questioning why Gucci waited until 2009 to file a lawsuit when Guess has been producing inspired wares for two decades.
Gucci’s lawyer Louis Ederer stated that Guess deliberately copied their designs:
“This was a perfect storm of willful infringement,” he said, referring to Guess and its licensees. “It was in fact a calculated scheme. When I say calculated…I am talking about a mind-set.”
Ederer explained that the defendants’ “entire business model” was to come “as close to Gucci as you can” without being “noticed.” In the preceding weeks, Ederer presented correspondence that implied that Guess worked with licensees and manufacturers to copy Gucci patterns and designs.
“It’s all an infringement,” he said. “It’s all willful. It’s knowing and deliberate every step of the way.”
A decision could take a few months, but you’ll know when we know. Tell us, who do you think will win the case?