San Francisco, CA – Trademark attorneys file trademark infringement, trademark dilution and Lanham Act 43(a) unfair competition lawsuit, on behalf of Levi Strauss & Co., in the Northern District of California, alleging infringement of Levis’ USPTO registered trademarks. Among Levis’ numerous registered trademarks is the famous Arcuate Stitching Design Trademark, which is a distinctive pocket stitching design and “is the oldest known apparel trademark in the United States.” The Arcuate Stitching Design Trademark was first used in interstate commerce in 1873 on clothing products. Levis also owns the Tab Device Trademark “which consists of a small marker of textile or other material sewn into one of the regular structural seams of the garment.” Levis first used the Tab Device Trademark in 1936 on the rear pocket of its pants when a sales manager suggested it to distinguish Levis’ clothing and jeans from those of competitors.
Levis alleges that defendant Jeans City manufactures, sources, markets and/or sells “jeans that diplay designs on the rear pockets that are confusingly similar to [Levis’] Arcuate and Tab trademarks.” The complaint alleges that “Jeans City’s actions have caused and will cause [Levis] irreparable harm for which money damages and other remedies are inadequate. Unless Jeans City is restrained by this Court, Jeans City will continue and/or expand the illegal activities alleged in this Complaint and otherwise continue to cause great and irreparable damage and injury to Levis.” Levis claims that it will be harmed by not being able to use and control use of its trademarks, a likelihood of confusion, mistake and deception created in the minds of consumers, false association between Levis and Jeans City, and loss of goodwill. The complaint alleges the following causes of action: (1) Trademark infringement under 15 U.S.C. § 1114; (2) Federal unfair competition, false designation of origin, and false description under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Federal trademark dilution under the Lanham Act section 43(c), 15 U.S.C. § 1125(c); (4) California dilution and trademark infringement under Cal. Bus. & Prof. Code §§ 14320, 14330, 14335, 14340; and, (5) Unfair competition under Cal. Bus. & Prof. Code § 17200. The case is titled Levis Strauss & Co. v. Jeans City USA, Inc., CV08-01639 WHA (N.D. California).