Should Court Judge Gucci's Claims To Be Falsify?

In 2012, The New York court stated Gucci’s claims to be falsify. According to the courts counterfeiting claims were limited to conditions where the whole design has being duplicated entirely from scratch. Whereas Gucci’s counterfeiting claims stood under conventional violation principles. The court disagreed on the damage request from Gucci, since the amount calculated by experts of Gucci was way too uncertain. They requested for over $200 million, assuming Guess earned that much in profits by selling the duplicate designs. As court’s ruling Gucci was entitled to Guess’ net profit, but once the value was calculated, Gucci was entitled to just over $4.6 million of Guess’ net profit. And Guess was prohibited to use the Quattro G design, Square

Because after all Gucci was only liable for the earnings made by Guess for the sale of the products which had the Quattro G design on the two-tone canvas. Right from the beginning Gucci’s argument was weak. In terms of copyright, you can’t dominate the fundamentals of fashion. But it’s still necessary to protect the smallest difference made in these basics.
From what I have learned in this case is that for a trademark infringement judgment to be approved by the courts, the defendant’s damage should result in consumer confusion with the original trademark. Courts are looking for evidence where consumers are confused or misguided by these duplicate products in the market. Gucci could have researched on some of the consumers who actually purchased Guess products after mistaking it to be Gucci and presented it as evidence in courts. They could have also carried out an experiment where consumers were to observe the products and signify if it was

But throughout Guess has been producing counterfeit Gucci products from long period of time, but Gucci has failed to send cease letters to Guess. This clearly became a weak point for Gucci at courts because the judge knew that Gucci has been keeping an eye on Guess’ advertising, so knew about this trademark infringement for several years but never took immediate action. Therefore the court rejected the claims by Gucci. Gucci could have filed a case right from the