The Shanghai Pudong District People’s Court recently entered the first-instance judgment on trademark infringement lodged by Levi Strauss, ordering four defendants to cease infringement and indemnify 350,000 yuan in damages.
The plaintiff claimed that the double-arc design on their products is a registered trademark. However it discovered that a similar pattern was used on a jean brand named Jasonwood in June 2009. Finding many shops in Shanghai distributing such products, it sent a cease and desist letter and would procure no response. Then, it brought the case to the court and sought injunction, removal of ill impact and 1 million yuan in damages.
The court held that the radian of the double-arc and position on the pants are closely the same, so similarity is constituted. The pattern on the products of the defendants would cause public confusion, which lead to infringement of the Levi’s trademark. (Source: SIPO 2011-11-03)
Author and contributor:
ESSEN Patent & Trademark Office
Beijing | Shanghai | Suzhou | Taipei | Kaohsiung
Web: www.essenptl.com
