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Levi’s poor attempt at trademark infringement complaint

27 May 2010 3 Comments

Levi-Strauss has been a landmark company that has provided  denim clothing world wide. However can you believe even ol’ Levi is having trademark infringement issues? A company called Gardeur has allegedly made their back pocket design similar to Levi’s double curve design.  Levi’s alleges that the “clothing that displays stitching designs that are confusingly similar to [Levi’s] Arcuate trademark.” I do not think consumers will confuse the two designs. First because levi’s usually sew a colored tab in between the seat of the jean and the back pocket. Secondly, the fact that Gardeur includes excess stitching around the “point” shows that it is distinct from Levi’s. The case is Levi Strauss & Co. v. Gardeur GmbH, CV 10-2122 EMC (N.D. 2010). I think that at the end of the day Levi’s is a larger and company Gardeur will bend at its knees and change their mark.

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  • Patent Attorney Arizona said:

    I know the red Levi’s label on the inner side of the back pocket, but do consumers really recognize the double-curve design? Is this a point of confusion? And, is there any function to the style of stitching?

  • Fame Appeal: Fashion & Entertainment Blog (author) said:

    There is a point of confusion to young INEXPERIENCED shoppers. Consumers do recognize the design, especially since Levi’s has been around FOR SO LONG… it is a trademark that separates them from the other “wannabee american denim lines.” As far as the function of the stitching it is simply for consumers to recognize the jean’s authenticity.

  • Patent Attorney Arizona said:

    Hmm, yeah, I was curious if it gave the pocket shape at all, but I guess it really is just ornamental. Or, perhaps, more accurately – source-indicating.

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