Designer and businessman Georges Marciano, who founded Guess and then left the company in the 1990s, is initiating legal action to reacquire the right to use his name for the commercialization of new products. The litigation comes on the heels of the formal opposition recently filed by Guess with the Canadian Intellectual Property Office to prevent him from using the words “Georges Marciano” in the course of his commercial activities.
When he transferred his shares to his brothers Armand, Maurice and Paul Marciano in 1993, the license agreement for the use of the name “Georges Marciano” has been cancelled and it was agreed that Georges Marciano could continue to freely use his name in connection with his business. In overstepping this agreement, Guess is abusing its rights and putting Georges Marciano’s business at serious risk.
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Given that his clothes helped define the style of a generation by introducing the stonewashed denim, Georges Marciano wants to continue using his name to offer consumers the style with which he is associated. “I’m the founder of Guess, but I am first and foremost a fashion designer. My creations are recognized worldwide, so it is essential, both for me and for the public, that the style continue to be associated with the person who created it, ” asserts Georges Marciano.
In his motion, Georges Marciano demands to be compensated for the losses resulting from Guess’ opposition to his use of the words “Georges Marciano” as part of his activities and restores the truth about the founding of Guess by stating that he is the founder of Guess with Mr. Georges Atlan. He also asks the Court to rule on the use of the “Marciano” brand by Guess, as there is potential for confusion with the “Georges Marciano” designation. The motion was filed at the Superior Court of Quebec in Montreal on March 18, 2015.
