IP Law Daily, TRADEMARK NEWS: Levi Strauss sues apparel maker for trademark infringement, dilution, and unfair competition, (Jun 23, 2025)

By Carolin Dennis, B.Sc., LL.B., LL.M.

The complaint alleges that Tyndale Enterprises promoted and sold garments that infringe and dilute LS&Co.’s pocket tab trademark. Tyndale misappropriated LS&Co.’s famous tab trademark as a symbol for Tyndale’s apparel products.

Levi Strauss & Co. (LS&Co.) filed a complaint against Tyndale Enterprises, Inc. and Tyndale International Enterprises Inc. (collectively, Tyndale), in the U.S. District Court for Northern District of California to stop them from continuing to misuse and trade on LS&Co.’s famous pocket tab trademark, reputation, and goodwill. LS&Co. seeks preliminary and permanent injunctive relief as well as appropriate compensatory remedies and fees and costs necessitated by Tyndale’s conduct (Levi Strauss & Co. v. Tyndale Enterprises, Inc., No. 3:25-cv-05116-LJC (N.D. Cal. filed on June 17, 2025)).

LS&Co. marks its LEVI’S® brand products with its famous Tab Device Trademark (Tab trademark), which, in one configuration that is used on many LEVI’S® brand products, consists of a marker sewn into pocket seams or one of the regular structural seams of the garment. LS&Co. uses the Tab trademark on LEVI’S® jeans, pants, jackets, shirts, skirts, shorts, accessories, and a variety of other clothing products. Tyndale specializes in arc-rated and flame-resistant clothing, and offers shirt, pant, jeans, caps, t-shirts, jackets, and other accessories. The Tyndale Tab is a nearly-identical copy of LS&Co.’s Tab trademark, according to the complaint. Tyndale advertises its garments using the Tyndale Tab, along with messages touting the products’ fire retardant properties.

LS&Co. contended that its Tab trademark was famous among the general consuming public long before Tyndale began selling the products challenged in this complaint. LS&Co. adopted the Tab trademark in 1936, registered the mark in 1938, and at various times has used the mark as part of the corporate logo, in retail signage and on the levi.com website as a sign of all the company’s products and services. LS&Co.’s Tab trademark is registered in the United States, in the State of California, and around the world; all registrations and common law marks for the Tab trademark are in full force and effect, valid and protectable, and exclusively owned by LS&Co. LS&Co. continuously has used each of its registered trademarks, from the registration date or earlier, until the present and during all times relevant to LS&Co.’s claims.

LS&Co. argued that Tyndale manufactures, distributes and/or sells apparel, including, shirts, long sleeves, and jackets under the brand name TYNDALE, bearing trademarks and branding elements that infringe LS&Co.’s Tab trademark. LS&Co. claimed that Tyndale’s actions have deprived LS&Co. of its rights to use and control use of its Tab trademark and maintain its reputation with consumers, licensees, and collaborators, including the exclusive use of its Tab trademark on products and services that LS&Co. creates, produces, licenses, and sells.

According to the complaint, LS&Co. claimed that Tyndale’s conduct will cause the public to falsely associate Tyndale’s clothing with LS&Co.; imply to consumers that LS&Co. products may bear fire retardant properties; dilute the capacity of its Tab trademark to differentiate LS&Co.’s products and services from others; cause LS&Co. to lose sales of its genuine clothing products; and lead others to believe the distinctive features of the Tab trademark may be misappropriated for their use. LS&Co. also claimed that Tyndale’s actions have caused and will cause LS&Co. irreparable harm for which money damages and other remedies are inadequate.

Claims, remedies sought. LS&Co. is seeking a jury trial and asserts five causes of action: (1) federal trademark infringement, (2) federal unfair competition, (3) federal trademark dilution, (4) California trademark infringement and dilution under California and common law, and (5) California unfair competition.

Among other relief, LS&Co. asks the Court to enjoin Tyndale from: manufacturing, producing, sourcing, importing, exporting, selling, buying, offering for sale, distributing, licensing, advertising, or promoting any goods or services, using any words, symbols or designs that so resemble LS&Co.’s Tab trademark; infringing LS&Co.’s rights in and to any of its trademarks or otherwise damaging LS&Co.’s goodwill or business reputation; and claiming trademark rights in the Tyndale Tab, or any other word, symbol, or design that is confusingly similar to the Tab trademark, including by applying now or in the future for federal registration of trademarks comprising the Tyndale Tab or any other word, symbol, or design that is similar to the Tab trademark.

LS&Co. also seeks damages, profits made by Tyndale from the infringement, and costs including legal and investigative expenses.

The Case is No. 3:25-cv-05116-LJC.

Judge: Cisneros, L.

Attorneys: Sophy Tabandeh (Verso Law Group LLP) for Levi Strauss & Co.

Companies: Tyndale Enterprises, Inc.; Tyndale International Enterprises Inc.; Levi Strauss & Co.

News: Trademark CaliforniaNews