Gucci Wins Partial Reconsideration of Ruling On Survey in Guess Trade Dress Dispute

• Case Summary: Court grants reconsideration of ruling on submission of surveys into evidence in dispute between Gucci and Guess.

A survey commissioned by Gucci to show that Guess infringed its trade dress was admissible for certain limited purposes although it had previously been excluded for the general purpose of showing likelihood of confusion, the U.S. District Court for the Southern District of New York ruled Dec. 16 (Gucci America Inc. v. Guess? Inc., S.D.N.Y., 1:09-cv-04373-SAS -JLC, 12/16/11).

Granting a motion for reconsideration, the court accepted Gucci’s argument that even though a Guess handbag used in the survey was ...