Marc Fisher significantly reduced the damage

  Less than a month after Judge Shira Scheindlin granted the U.S. District Court for the Southern District of New York $ 4.7 million in damages to Gucci trademark infringement lawsuit against Guess Inc. and its licensees, she changed her mind.

The judge issued an amended opinion and order on Monday evening, reducing the liability by Marc Fisher in costume to about $ 456,000, up from $ 2,000,000.

Other Swank Inc., Signal Products Inc., and Max Leather Group - the same time, the judge also distributes a load of damage to new licensees rates. Gucci is still to be awarded $ 4.6 million in damages, far cry from the $ 221 million, he was looking for.

Attorney Marc Fisher Footwear, Darren Saunders of Manatt, Phelps & Phillips told Footwear News, "We see this dramatic reduction seen as a victory, because we know that the damage was inflated initially thought. We are very pleased that the judge listened to what we have to had to say. "

The marks at issue in the study included a total of five Gucci designs: the band green-red-green pattern GG repeated, with the diamond trade dress of reason, the stylized G and Gucci script.

Judge Scheindlin wrote in his opinion, "Due to some miscalculations and omissions in the identification of types of injury has to change the court's original announcement, to adjust the amount of damages. However, the legal analysis is unchanged from the first announcement and order. "


Although the judge concluded that the defendants "willfully and intentionally [Gucci] Model G Quattro executed in colors brown / beige dress pattern Diamond Trade [and therefore] entitled to a copy of the accounting profits," they have evidence of fraud, "Gucci's no evidence, and can therefore only speculate on the actual damages in the form of lost sales or damage to the brand value. Consequently, the only possible basis for recovery of actual damages of a reasonable royalty. "

The judge confirmed his finding that, Marc Fisher Shoes "acted in bad faith ... because [it] is a conscious decision to continue to transport and sell shoes has made [with offending brands], after he directed to do no more. "

According to the revised calculations, the result was Marc Fisher shoes from the sale of counterfeit products, $ 456,183, which made for Gucci in the bill. This is because the models of shoes that was designed and manufactured by Fisher seven men shoes in 2008, complained the characters, rather than over 300 Gucci had initially cited in his suit, said Saunders.

Saunders also rejected the possibility of a loss of credibility on the part of Marc Fisher Footwear is a party as a result of this process.

"It was installments logo" they devised and its licensees, including Marc Fisher. It's not like Marc Fisher went out and copy someone else, "he said.

Meanwhile, the signal has to pay $ 1.8 million; leather Max $ 24,700 and $ 18,800 Swank. Pay rates themselves must be $ 2,300,000. In sum, due to receive $ 4.6 million from Gucci.

The judge also noted, "The findings of infringement and dilution made above lead to the assumption that Gucci has suffered irreparable damage to its unique brand of good will he has lost, and the ability to manage their reputation in the market. Since this injuries can not be quantified or eliminated entirely by financial rewards, I think that Gucci was not an adequate means of law. "