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A stitch in time…

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09/10/2014

In another trade mark case involving a fashion designer and a retailer, this time from Germany, it is reported that the Hamburg Appeal Court has upheld the findings of the lower Hamburg District Court that the distribution of certain models of jeans would infringe Levi Strauss’ trade mark rights in the stitching pattern appearing on the back pockets of its jeans. The defendant, New Yorker, is alleged to have sold jeans bearing similar stitching.

The Court ordered New Yorker to pay compensation. It is also reported that Levi Strauss requested as compensation a flat fee of €50 per jeans, notwithstanding that New Yorker apparently sold the jeans for less than €50 per pair.

This is not the first time that Levi Strauss has brought trade mark infringement proceedings and it is becoming well known for fiercely protecting its trade mark registrations. Defendants in the United States in recent years have included Dolce & Gabbana and Abercrombie & Fitch, each of whom allegedly infringed the Levi Strauss stitching mark.