Levi Strauss targets Jaded London in ‘tab device’ TM suit
Levi Strauss has filed a trademark suit against a UK-based fashion retailer, which it says infringes its famous ‘Tab’ mark.
The complaint, filed at the US District Court for the Northern District of California on Tuesday, August 27, alleges that Jaded London’s use of a tab on its clothing as a source identifier constitutes an infringement of Levi’s trademark.
The filing claimed that Jaded London’s manufacture and import of bottoms such as jeans and shorts bearing a pocket tab device “that are highly similar to Levi’s ‘Tab’ mark” is likely to confuse consumers into believing there is a relationship between Jaded London and Levi’s.
Levi’s owns a number of registrations for its ‘Tab Device‘ trademark, which consists of a textile marker sewn into one of the seams of garments such as jeans and trousers.
Levi’s said it began to display its “famous” ‘Tab’ mark on the rear pocket of its trousers in 1936, many years prior to Jaded London’s allegedly infringing use of the mark.
The tab’s purpose was to provide “sight identification” of Levi’s products, the filing said.
Additionally, Levi’s said that “given the distinctiveness of the Tab trademark”, no other clothing maker “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”.
It asked the court to “restrain” Jaded London from using a tab device on its clothing, adding that money damages and other remedies are “inadequate”.
Levi’s has vigorously defended its ‘Tab’ mark in recent years.
The lawsuit against Jaded London comes just weeks after Levi’s entered into a settlement with Yves Saint Laurent, after it accused the french fashion house of infringing the ‘Tab’ mark in November 2018.
Earlier that year, in September, Levi’s also took action against an online clothing retailer, Rip N Dip over the same trademark.
Levi had argued that the ‘Tab device’ mark, appeared on the company’s clothing.
In its claim, Levi’s said it had informed the retailer of its allegedly infringing activity, but Rip N Dip had avoided follow-up phone calls.
Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.
Today's top stories:
Samsung enters licensing agreement with LED company
InterDigital sues Lenovo over SEPs after ‘decade’ of talks fail
