Gucci America, Inc. v. Guess?, Inc.

TRADEMARK; POST-SALE CONFUSION (Post-sale confusion does not result in a “misdirected purchase” but a “purchase intended to confuse.")

Opinion (Scheindlin): Gucci alleged trademark infringement, trademark dilution (both federal and state claims), and trademark counterfeiting of five Gucci designs and trademark cancellation against Guess? et al.. Gucci is known world wide as a maker of luxury goods. Guess? targets a less affluent but still fashion conscious audience. Guess? had been using five designs similar to Gucci designs. The court analyzed the trademark infringement claim using the two prong test asking 1) is the mark protectable and 2) is the defendants use of that mark likely to cause confusion. Gucci claimed post-sale confusion. Post-sale confusion does not result in a “misdirected purchase” but a “purchase intended to confuse. “To analyze the claim of post-sale confusion the court looked to the Polaroid factors. The court found that there was a likelihood of confusion. The court found infringement regarding four patterns. The court found for Gucci on the dilution claims. The court found for Gucci on the trademark cancelation claim. The court found for Guess? et al. on the counterfeiting claim.