Levi Strauss files TM complaint against US company
Multinational clothing company Levi Strauss has filed a trademark infringement complaint against a US business.
Levi Strauss filed its complaint against Richard I Spiece Sales at the US District Court for the Northern District of California on Tuesday, November 1.
Richard I Spiece Sales does business as Denim Express.
Levi Strauss argued that Denim Express infringed and diluted its ‘Tab Device’ trademark and committed unfair competition.
The jeans company owns trademarks including the ‘Tab Device’ at the US Patent and Trademark Office. The marks cover backpacks, shoulder bags and jeans.
Levi Strauss argued that it “began to display the Tab trademark on the rear pocket of its pants in 1936 when its then national sales manager, Leo Christopher Lucier, proposed placing a folded clothribbon in the structural seams of the rear pocket”.
“The purpose of this ‘tab’ was to provide ‘sight identification’” of Levi Strauss’ products, the company said.
In the suit, the clothing business claimed that the “defendant has manufactured, promoted, and sold garments that infringe and dilute” its ‘Tab’ trademark.
The suit added that Denim Express “sold substantial quantities of jeans bearing pocket tab devices” that are “highly similar” to Levi Strauss’ ‘Tab’ mark.
In February, Levi Strauss sent a cease-and-desist letter to Denim Express and the “defendant removed images from its www.denimexpress.com website that showed defendant’s jeans bearing pocket tab devices”.
This allegedly stopped Levi Strauss from determining whether Denim Express still sold infringing products.
Levi Strauss is asking for damages, pre-judgment interest, costs and disbursements for bringing the action, attorneys’ fees and investigative expenses.
