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21 September 2018Trademarks

Levi’s takes on Chinese counterfeiters in US court

US fashion brand Levi Strauss has taken on unknown entities for alleged trademark infringement and selling counterfeit products.

The complaint was filed at the US District Court for the Northern District of Illinois on Wednesday, September 19.

According to the claim, the unknown defendants are believed to be based in China and have set up internet stores where customers can purchase counterfeit clothing bearing the company’s trademarks. Products on offer include jeans and jean jackets.

“The defendants create the defendant internet stores by the hundreds and design them to appear to be selling genuine Levi’s brand products, while actually selling counterfeit Levi’s products to unknowing consumers,” claimed the fashion brand.

Levi’s added that the internet stores share unique identifiers such as design elements which establish a “logical relationship” between them.

The company said that it has been, and continues to be, damaged through consumer confusion and dilution of its trademarks.

Levi’s, which has been operating since the 1850s, claims to be one of the oldest and best-known apparel companies in the world.

The company’s products are typically identified by at least one of its trademarks, including the ‘Tab device’ mark and the ‘Two horse design and two horse label’ design mark.

According to Levi’s, the trademarks have been used exclusively and continuously since 1873 and have never been abandoned.

Levi’s alleged that the defendants have wilfully used and continued to use Levi’s trademarks to advertise, distribute and sell counterfeit Levi products.

“Many defendants also deceive unknowing consumers by using the Levi’s trademarks without authorisation within the context, text, and/or meta tags of their online marketplace listings in order to attract consumers searching for Levi’s brand products,” said the claim.

The fashion brand alleged that the internet stores appear sophisticated by accepting payment from credit cards, Amazon Pay and PayPal.

Levi’s is seeking damages and an injunction against the defendants.

This is not the first time that the fashion brand has pursued trademark infringement claims.

In June, the company took UK-based brand Barbour to court over the use of “tabs” on clothing pockets. The lawsuit was filed after Barbour accused Levi’s of being a “trademark bully”.

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More on this story

Trademarks
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.
Trademarks
15 June 2018   Jeans maker Levi Strauss has taken on UK-based luxury brand Barbour over the use of “tabs” on clothing pockets.