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Guess? Sued by Its Founder Georges Marciano for Breach of Contract and Infringement of Intellectual Property Rights
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Designer and businessman Georges Marciano has filed a lawsuit in the United States for breach of contract and infringement of intellectual property rights.
Although he was the founder of Guess?, Georges Marciano transferred his shares to his brothers Armand, Maurice and Paul Marciano in 1993, at which time the licence to use the Georges Marciano brand, previously granted to Guess? in 1983, was revoked. All Georges Marciano trademarks then held by Guess? should have been transferred to Georges Marciano, but Guess? failed to transfer the brands in the Dominican Republic and Singapore.
Moreover, following the departure of Georges Marciano, the Marciano brothers and Guess? agreed in 1994 that Georges Marciano could use his name and brand as he saw fit. However, in violation of the agreement, in 2013 Guess? objected to the registration of the Royal Navy brand in Canada by Georges Marciano.
In this lawsuit, Georges Marciano seeks compensation for damages sustained as a result of the 1993 and 1994 breaches of contract by Guess? and expects the Court to confirm that Guess? may not impede the use of his name and his brand and specify the rights of use of the Marciano family name in light of the contract concluded in 1994, which states that each Marciano brother may use the Marciano name with his own first name.
The motion was filed with the United States District Court, Central District of California, Western Division, on August 13, 2015.
This new action comes on the heels of proceedings brought in Canada in which Georges Marciano claims damages from various defendants including Guess? for products sold on the Internet associating the Guess? and Georges Marciano brands. It is surprising that such products are still sold in 2015, while the licence for the Georges Marciano brand with Guess? was terminated in 1993. Bear in mind that the Quebec Superior Court recently rejected a petition from Guess? to declare the Quebec court incompetent.
Although he was the founder of Guess?, Georges Marciano transferred his shares to his brothers Armand, Maurice and Paul Marciano in 1993, at which time the licence to use the Georges Marciano brand, previously granted to Guess? in 1983, was revoked. All Georges Marciano trademarks then held by Guess? should have been transferred to Georges Marciano, but Guess? failed to transfer the brands in the Dominican Republic and Singapore.
Moreover, following the departure of Georges Marciano, the Marciano brothers and Guess? agreed in 1994 that Georges Marciano could use his name and brand as he saw fit. However, in violation of the agreement, in 2013 Guess? objected to the registration of the Royal Navy brand in Canada by Georges Marciano.
In this lawsuit, Georges Marciano seeks compensation for damages sustained as a result of the 1993 and 1994 breaches of contract by Guess? and expects the Court to confirm that Guess? may not impede the use of his name and his brand and specify the rights of use of the Marciano family name in light of the contract concluded in 1994, which states that each Marciano brother may use the Marciano name with his own first name.
The motion was filed with the United States District Court, Central District of California, Western Division, on August 13, 2015.
This new action comes on the heels of proceedings brought in Canada in which Georges Marciano claims damages from various defendants including Guess? for products sold on the Internet associating the Guess? and Georges Marciano brands. It is surprising that such products are still sold in 2015, while the licence for the Georges Marciano brand with Guess? was terminated in 1993. Bear in mind that the Quebec Superior Court recently rejected a petition from Guess? to declare the Quebec court incompetent.
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