Home » Fashion Law

Do these Jeans make my mark look big?

22 March 2011 One Comment

levis v quiksilver, trademark infringement, tab, red, fashion law, levi strauss, quiksilver

On March 10th Levi’s filed suit against Quiksilver (complaint below) on the basis of its allegedly infringing mark. Look at the corresponding diagram…Is that mark substantially similar? If so, should using a  small red tab on the right rear pocket be thrown out of fashion houses all together? Some history between the two denim manufacturers: In 2000, Levi’s and Quicksilver reached a settlement whereby Quiksilver would abstain from the use of tabs on their jeans which looked substantially similar to that of Levi’s. In 2005, Quiksilver persisted to sell jeans that included the red tab. In order to remedy the breach, Quiksilver agreed to discontinue their line of red-tab jeans in the 2006 holiday season.

Quiksilver, though, persists in selling jeans with the red tab, because I assume they have successfully attained a brand identity through it. Furthermore, the design they put on their jeans is not even a tab. Yeah it is similarly placed on the rear right pocket, however the fact that it is a different shape and different design should demonstrate that it is not as similar as Levi’s claims. Quicksilver should argue that the alleged tab is not a tab at all and it is simply an embellishment. The Levi’s tab is semi-detatched and is sewn in between the pocket patch and the seat of the pant. Quiksilver sews all corners of their tab, which is completely sewn on top of the pocket. The fact that the Quiksilver mark is sewn on top of the pocket demonstrates that it is more like an embellishment.

Levi’s is on a witch hunt as they have sued numerous other brands: Abercrombie and Gardeur.

Bottom line, Levi’s has to lighten up, seriously… I might just start designing jeans for Red Bull energy drinks just to irritate them.

Levi Strauss vs. Quiksilver

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One Comment »

  • Harris said:

    Thank God Levi’s is finally fighting back. A LOT of companies have stolen Levi’s trademarks over the years. Especially these high-end Japanese denim companies. Samurai, Sugarcane, Neighborhood, etc. have all blatantly stolen back pocket designs and the red tab from them. I wonder if Levi’s will finally ever go after them. I would LOVE to see these companies conjure up a little originality, because if you’re paying $500 for plain, dark indigo jeans… why is the only actual design on the actual pants going to be blatant theft from the creators of the industry?

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