Two of these trademarks are the subject of this proceeding. The other, the Gucci stripe consisting of the red band bounded by a green band on each side, has been placed on numerous items sold by the plaintiff in the United States since 1963. These two marks, when used in conjunction with each other, clearly identify the product with the plaintiff. In fact, the marks were selected to associate particular merchandise with the plaintiff's founders. More importantly, defendant's mark is placed on a similar item.
Phonetic similarity is another factor to be considered in determining the likelihood of confusion.
Grotrian, Helfferich, Schultz, Th. The fact that the offending product was intended only as a joke is of no consequence. However, the Ventura opinion was concerned with trademarks that consisted of stripes. This court concludes that defendant Fashioncraft's trademarks have come sufficiently close to those used by the plaintiff that it is very probable that plaintiff will succeed on the merits. Damage to the business reputation is not compensable with money damages and may be irreparable.