Levi Strauss sews up ‘tab’ feud with Brunello Cucinelli
US apparel brand owns various US registrations for the familiar tab and has vigorously enforced its rights in recent years | Perugia-based luxury brand stood accused of selling clothing featuring “nearly identical” copies of the tab.
Levi Strauss is ending litigation against Italian luxury fashion brand Brunello Cucinelli, which it had accused of infringing its iconic pocket tab.
The US apparel manufacturer filed its complaint at the US District Court of California in January, after which the parties entered settlement discussions.
A world-famous tab
San Francisco-based Levi confirmed that it had told a federal judge in California on Tuesday, May 7, that it was dismissing the case with prejudice.
The tab, most famously used in red—but also in other colours such as white, blue, black, silver, gold, and orange—was first used by Levi's in 1936.
Levi began to display the trademark on the rear pocket of its pants when the brand’s then sales manager, Leo Christopher Lucier, proposed placing a folded cloth ribbon in the structural seams of the rear pocket.
The purpose of this ‘tab’ was to provide “sight identification” of Levi’s products, noted the complaint.
Given the distinctiveness of the trademark, Lucier asserted that “no other maker of overalls can have any other purpose in putting a coloured tab on an outside patch pocket, unless for the express and sole purpose of copying our mark and confusing the customer”.
Enforcement strategy
Levi owns various US registrations for this tab and the company has vigorously enforced its rights over the mark in recent years.
The US jeans brand argued in its suit that Perugia-based Brunello Cucinelli had sold clothing featuring “nearly identical” copies of its tab, and produced 14 photos illustrating the alleged infringement.
Such actions, it contended, would confuse consumers about the source of the products and/or a relationship between the Italian fashion brand and Levi.
The case follows a slew of trademark suits. Last month, Levi filed a trademark complaint against a UK fashion brand for using similar pocket tabs and stitching designs on its clothes.
The complaint, filed at the US District Court for the Northern District of California, accused Blakely Clothing of trademark infringement, dilution, and unfair competition.
Levi has also filed actions against Yves Saint Laurent and LVMH's Kenzo in recent years.
Gregory Gilchrist, Ryan Bricker, Sophy Tabandeh and Paymaneh Parhami of San Francisco-based Verso Law acted for Levi.
