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10 August 2018Trademarks

Levi Strauss drops TM infringement claim against Italian fashion brand

US-based fashion brand Levi Strauss, known for its denim jeans, has dropped a trademark infringement claim against Italy-based menswear brand Isaia Corp.

Levi Strauss filed a notice of voluntary dismissal with prejudice at the US District Court for the Northern District of California on Wednesday, August 8.

The jeans maker was founded in the 1850s and claims to be one of the oldest and most famous apparel companies in the world.

In May 2018, the US fashion brand accused Isaia of infringing its ‘Tab device’ trademark.

The device is made up of a “textile marker or other material sewn into one of the regular structural seams of the garment”, such as the back pocket. It is used on the company’s well-known jeans and a range of other clothing.

According to Levi Strauss’s claim, Isaia has manufactured, marketed and sold “substantial quantities of jeans that feature a similar pocket tab.

Levi Strauss alleged that this likely to lead to consumer confusion over the source of Isaia’s products as well as the relationship between the two companies.

The allegedly infringing activity causes irreparable harm and monetary damages, Levi Strauss claimed.

Levi Strauss sought damages and an enjoinment preventing Isaia from manufacturing the products.

According to the voluntary dismissal notice filed this week, the parties reached a settlement regarding the infringement claims.

This is not the first time that Levi Strauss’s ‘Tab device’ has been in dispute. In April this year, the fashion brand sued French luxury house Kenzo for infringement on some of its trouser pockets. The allegedly infringing clothes included a new line featuring singer Britney Spears.

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