IP Law Daily, TRADEMARK NEWS: Levi Strauss says Brunello Cucinelli infringed trademark on its distinctive tabs, (Jan 26, 2024)

By Steven Melendez

Levi says the Italian fashion house makes clothes with tabs copying its signature, trademarked design.

Levi Strauss & Co. brought suit against Brunello Cucinelli USA, Inc., saying the Italian fashion house infringed its trademark on the distinctive tabs generally found around the pockets of Levi's garments (Levi Strauss & Co. v. Brunello Cucinelli USA, Inc., filed January 23, 2024).

"LS&Co. began to display the Tab trademark on the rear pocket of its pants in 1936 when its then National Sales Manager, Leo Christopher Lucier, proposed placing a folded cloth ribbon in the structural seams of the rear pocket," Levi says in a complaint filed in the suit. "The purpose of this 'tab' was to provide 'sight identification' of LS&Co.’s products. Given the distinctiveness of the Tab trademark, Mr. Lucier asserted that 'no other maker of overalls can have any other purpose in putting a colored tab on an outside patch pocket, unless for the express and sole purpose of copying our mark and confusing the customer.'”

The tabs are also the subject of federally registered trademarks, as well as a California state trademark registration, according to Levi. The tabs are traditionally found on Levi's jeans, as well as on other clothing items like hats and jackets, as displayed in photos in the complaint. The tab has also been used by Levi "as its main service mark," essentially as a Levi's logo used in advertising.

Brunello Cucinelli has begun using a "nearly-identical copy" of the tab on its own clothing, according to the complaint, including in one pair of pants marketed as “authentic denim baggy trousers with shiny tab." Levi claims that it's made "repeated attempts to resolve this matter short of litigation," but Brunello Cucinelli has "refused to commit to ceasing use" of its tabs and continues to make and sell clothes with them.

Levi claims continued use of the tab will cause the public to falsely associate Brunello Cucinelli's clothing with Levi, cause Levi lost sales, dilute its trademark, and lead "others to believe the distinctive features of the Tab trademark may be misappropriated for their use," according to the complaint.

Levi’s complaint includes claims for federal trademark infringement, federal unfair competition, federal dilution of famous marks, as well as California state law claims for unfair competition and trademark infringement and dilution. The jeans maker asked the court to bar future infringement and dilution and to order Brunello Cucinelli to turn over to Levi's counsel “its entire inventory of infringing products and services” and a complete list of everyone “from whom or which it purchased, and to whom or which it sold” the infringing merchandise.

Levi also seeks damages, profits made by Brunello Cucinelli from the infringement, and costs including legal and investigative expenses.

The case is No. 4:24-cv-00399-HSG.

Attorneys: Ryan Bricker (Verso Law Group LLP) for Levi Strauss & Co.

Companies: Levi Strauss & Co.; Brunello Cucinelli USA, Inc.; Brunello Cucinelli S.P.A.

News: Trademark CaliforniaNews