Gucci Counterfeits and Claims
Gucci, the iconic Italian luxury brand, filed three lawsuits in the U.S. District Court for the Southern District of New York against high-end retailer Lord & Taylor, Sam’s Club, a discount bulk retailer, and Century 21, an off-price retailer based in New York.
Gucci claimed that these businesses purchased and sold products bearing the Gucci trademark that were not authentic to Gucci. The complaint asserted that it “takes pains to ensure the quality of its products by monitoring their production and distribution,” and that this practice has given it “a reputation for providing the highest-quality products under the GUCCI Marks.” Gucci further alleged that “consumers have come to expect that products bearing the GUCCI Marks are of the highest quality and workmanship.”
The claims in the suits included trademark counterfeiting, infringement of registered trademarks, unfair competition, trademark dilution, and false designation of origin. The allegedly counterfeit designer bags were priced at upwards of $2,400, within the same price range as authentic Gucci bags. Counsel for Lord & Taylor admitted that the company was aware that the bags were inauthentic. Century 21 responded that it believed the bags were genuine but subsequently removed the remaining inventory. Sam’s Club similarly removed its stock.
Consumer Surveys in Counterfeit Claims
When consumer confusion is at issue, consumer perception surveys could play a role in litigation. Likelihood of confusion surveys frequently accompany trademark infringement claims. In this case, Gucci might also consider commissioning trademark dilution surveys. Since two of the retailers involved are not traditionally associated with luxury goods, a dilution survey could measure whether the Gucci mark has been diluted by its association with Sam's Club and Century 21.
If a group of consumers were to bring an action against the retailers for false or deceptive advertising related to the sale of counterfeit products, they might also enlist consumer survey experts to present evidence of confusion. In such cases, conjoint survey analysis can help quantify the price premium that consumers paid for counterfeit goods, believing them to be authentic.
Consumer Survey Evidence in Intellectual Property Disputes
Survey evidence is frequently introduced in trademark and false advertising cases to measure consumer confusion, trademark dilution, deception in advertising, or the economic impact of misleading claims. Properly designed surveys provide data that can support or refute elements of these claims.
The consumer survey experts at IMS Legal Strategies design and conduct surveys and testify in intellectual property disputes requiring survey research. To discuss how consumer surveys can support your case, contact IMS Legal Strategies.
