LEVIS STRAUSS TRADEMARK HAS BECOME A DISTINCTIVE MARK - AWARDED ₹4 LAKH FOR TRADEMARK INFRINGEMENT - DELHI HC

The Delhi High Court awarded ₹4 lakh to US jeans brand Levi Strauss in a trademark infringement suit. The Court noted that Levi's signature 'Arcuate Stitching Design' has become an extraordinarily distinctive mark that has acquired the status of a well-known mark. "In the period of 150 years, the ‘Arcuate Stitching Design’ mark has been used for Levi’s jeans, pants and other garments; the said mark has acquired the status of a well-known mark. Accordingly, a decree of declaration declaring the said mark as a `well-known’ mark is also passed."

FACTS

Levi Strauss was seeking a permanent injunction restraining trademark infringement, copyright infringement, and other relief, towards its signature 'Arcuate Stitching Design' ("mark"). Levi claimed to use the mark in 1873 and has used the Mark on all its textiles. As per Levis, the defendants were selling denim jeans identical to the Mark consisting of two arches connecting at the center of the jeans' back pockets, on its website as well as on other major ecommerce platforms such as Nyka, Amazon, and Flipkart.

On issuing notice, the defendants had given an undertaking stating that they will not manufacture or distribute jeans bearing the similar Mark. However, the defendant continued using the Mark and hence, the present petition.

HELD

The High Court noted that the defendants failed to abide by undertakings, and thus "The Defendants shall pay Rs.4 lakhs within four weeks to the Plaintiff as nominal costs".