2 October 2018

Levi Strauss takes on internet store for TM infringement

Fashion brand Levi Strauss has taken on internet clothing shop Rip N Dip in a trademark infringement complaint relating to Levi Strauss’s ‘Tab device’.

The claim was filed on Friday, September 28, at the US District Court for the Northern District of California.

Levi Strauss has several trademarks that often appear on the company’s clothing, including the ‘Tab device’ mark, which has been in use since 1936.

The device is made up of a textile marker or other material and is sewn into one of the seams of a garment. It has been incorporated into different items of clothing including jeans, jackets and shirts.

“The ‘Tab’ trademark is famous and recognised around the world and throughout the US by consumers as signifying authentic, high quality Levi’s garments,” said the claim.

Levi Strauss alleged that California-based Rip N Dip has manufactured, promoted and sold garments that infringe the clothing company’s trademarks. In particular, Rip N Dip has been accused of manufacturing, sourcing, marketing and/or selling shirts and trousers bearing unauthorised pocket ‘Tab devices’.

The company alleged that this is likely to confuse consumers over the source of Rip N Dip’s products and the relationship between the online retailer and Levi Strauss.

In its claim, Levi Strauss said that it wrote to Rip N Dip in July 2018 informing the online retailer of its allegedly infringing activity. According to Levi Strauss, Rip N Dip has avoided follow-up phone calls.

“Rip N Dip’s actions have caused and will cause Levi Strauss irreparable harm for which money damages and other remedies are inadequate,” said Levi Strauss.

Levi Strauss has requested an injunction and damages.

This story was  first published on TBO.

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More on this story

13 June 2018   UK-based luxury brand Barbour has called out jeans maker Levi Strauss over its “severe overreaching” in protecting the use of tabs on the back pocket of trousers.
18 April 2013   IP owners can show genuine use of a trademark even if that use derives from a separate composite mark, Europe’s highest court ruled on Thursday.
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