Flip-flop and jockstrap maker wins David and Goliath legal case with Gucci over name

By Daily Mail Reporter Updated: 04:46 EST, 1 January 2010 49 View comments A tiny British company has won a David and Goliath court battle with Gucci over the name of a clothing line. Lawyers for the Italian fashion empire had claimed that shoppers could be misled by the Birmingham firm's use of the brand

Flip-flop maker wins David and Goliath legal case with Gucci to keep name

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A tiny British company has won a David and Goliath court battle with Gucci over the name of a clothing line.

Lawyers for the Italian fashion empire had claimed that shoppers could be misled by the Birmingham firm's use of the brand name Duccio.

The subsequent High Court case pitted businessman Ishtiaq Hussain, whose Crowngate Leathers has a staff of only five, against the full might of Gucci, which has a turnover of £2billion and runs 278 stores worldwide.

Duccio man

Victory: Ishtiaq Hussain outside his shop, Duccio, in Hockley, Birmingham

Mr Hussain even ended up representing himself after his lawyers quit saying they could not take on the fashion and luxury goods giant.

Gucci said the name Duccio could confuse millions of its well-heeled customers.

It also objected to Mr Hussain's plan to market items such as flip-flops under the Duccio brand, saying that such goods would 'downgrade the cachet and aspirational nature' of the luxury fashion house.

But it was forced to admit defeat after an adjudication ruled there was 'no likelihood of confusion'.

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Gucci was ordered to pay £1,350 to Mr Hussain - although he says he has already spent £50,000 in legal fees and costs.

Mr Hussain, who runs Crowngate Leathers with partner Mohan Handa, is now free to use the name.

Mr Handa said: 'We are extremely happy. Nothing can stop us now. Gucci didn't want us to use the name Duccio.

'You name it, they tried everything to knock us out. Even our solicitors walked out, saying they were too big to fight. But my partner said, "I am not going to walk away. If we lose, we lose".

Gucci

Similarity: Gucci claimed the Duccio brand name would confuse customers

'We have not been able to trade properly, we have done very little trading in recent times. Now we have got a worldwide patent on the Duccio name, we can extend the brand worldwide.

'If we had lost, the company would have gone down the drain. This shows the little guy can win.'

It was in 2001 that the Duccio trademark was registered by Mr Hussain.

But Gucci filed notice of opposition in 2007. The legal battles ended with a High Court showdown at the end of October.

In its judgment, the court said that 'the mark Duccio will not be linked to Gucci by the relevant consumer. The differences are such that it does not bring the Gucci mark to mind'.

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