Levi's Gets Assertive in Trademark Enforcement

Levi Strauss & Co. (“Levi’s”) has come under recent fire for sending out thousands of cease-and-desist letters and for filing several lawsuits claiming trademark infringement and trademark dilution by any apparel companies that sell clothing with flag-like tabs sewn into the pocket of their garments.

Levi’s claims that the red, white, or blue tab that is sewn into their garments have proudly borne the Levi’s brand and name since 1936.  As trademarks are supposed to function as source identifiers for consumers to be able to reliably count on the quality of a good, Levi’s notes that their tab was designed specifically to distinguish it from other denim jeans in a highly competitive clothing market.  And now because Levi’s has held trademark rights in the tab for over eighty years, Levi’s claims that the little flag has become synonymous with their clothing.

As such, Levi’s has begun to aggressively pursue litigation and legal action against other retailers or clothing brands that sell clothing with similar flag-like tabs.  And because Levi’s further claims that their trademark constitutes a famous brand, infringers are not only guilty of infringement but of trademark dilution as well.

Barbour Attempts to Quash Trademark Dilution Claims

While many of the smaller clothing companies have acquiesced by removing the offending tabs or discontinuing the sale of certain pieces of apparel from their line, British clothing brand, Barbour, has decided to fight back.  Operating since the 1890’s, Barbour has been using flag-like tabs on their clothing for over twenty years now.  Responding to Levi’s recent cease-and-desist letter, Barbour chose to file suit in New York federal court asking for a declaratory judgment finding in favor of noninfringement.  Specifically, Barbour argues that the tab claimed to be protected by Levi’s trademark rights is not actually unique to Levi’s.  In support of this claim, Barbour has submitted hundreds of photos of clothing that use similar tabs that are currently being sold or have been sold from a wide variety of both well-known clothing giants or small boutique-retailers alike.  Barbour argues that because Levi’s has failed to police the use of the tab in the past and because the continued sale of such clothing persists, the flag-like tab cannot be considered a source identifier solely unique to Levi’s, and as such, Barbour and other retailers cannot be guilty of trademark infringement or trademark dilution.

While many liken Levi’s aggressive and litigious approach to Adidas’s similar litigious campaign against any use it deemed too similar to its iconic three stripe-pattern, only time will tell whether the court agrees with Levi’s claim that the flag-like tab’s trademark is enforceable.

Other posts about Trademark Dilution:

https://www.klemchuk.com/jack-daniels-sues-texas-whiskey-distributors/

https://www.klemchuk.com/95-coffee-break-court-lowers-bar-for-dilution-claims/

About the Firm:

For more information on this topic, please visit our Trademark Enforcement service page, which is part of our Trademark Practice.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  Additional information about the trademark law firm and its trademark attorneys may be found at www.klemchuk.com.

Klemchuk LLP hosts Culture Counts, a blog devoted to the discussion of law firm culture and corporate core values with frequent topics about positive work environment, conscious capitalism, entrepreneurial management, positive workplace culture, workplace productivity, and corporate core values.