Gucci Loses Claim Against Polish Gucio

On August 30, 2010, the Voivodeship Administrative Court in Warsaw, Poland, ruled against the Italian fashion giant Gucci in the dispute against the Polish owner of the Gucio trademark, registered in 2007 by the Polish Patent Office (PPO).

As the Polish IP news portal, Rychlicki.net, reported on November 8, 2010, the PPO granted protection for trademark Gucio in class 25 for goods such as children’s shoes on January 27, 2007. Guccio Gucci S.p.A, the owner of Gucci trademarks, filed an opposition against the registration on the grounds that Gucci is a well-known mark, which also sells children’s shoes among other high-quality clothing items. The Italian manufacturer also argued that the use of the mark would mislead customers about the origin and the quality of products.

The defendant, Sławomir Piwowarczyk, the holder of the Gucio trademark, argued that Gucio is a diminutive of the name Gustaw. Piwowarczyk also argued that the colorful Gucio logo was significantly different from Gucci’s, that the two names are pronounced differently and that there is no danger of misleading consumers or building brand recognition on Gucci’s reputation.

The PPO dismissed Gucci’s claim in December 2009. The Italian fashion house appealed against the decision at the Voivodeship Administrative Court, which dismissed Gucci’s appeal on the grounds that Gucio’s logo can neither mislead customers nor harm Gucci’s worldwide reputation.

For more information, please contact Masa Lopicic at our Balkan Regional Office.

Source: Polish IP news portal Rychlicki.net