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October 22, 2011

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Levi's sews up copyright case

LEVI Strauss has won a trademark infringement case against four companies that used its distinctive "double curve" stitching design on their jeans, the Pudong New Area People's Court said yesterday.

The companies were ordered to stop using the design and three were told to pay Levi Strauss a total of 350,000 yuan (US$54,817) in compensation. They can appeal against this judgment.

Levi Strauss entered the Chinese mainland market in 2001. In June 2009, the jeans giant discovered that a brand called Jasonwood had stitching on the back pockets of its jeans similar to its own design.

It told the two owners of the brand - Hangzhou Hongye Clothing Company and Jianchiwode Clothing Company - to stop but received no response.

In January, Levi Strauss sued four companies, including the brand owners, manufacturer Zhongshan Renxin Clothing Factory and distributor Shanghai Xinning Shopping Center Company.

Under the suit, they were required to stop using the design and destroy all infringing products.

It also asked for a compensation of 1 million yuan from the Jasonwood brand owners and the manufacturer.

Levis Strauss said the double curve stitching trademark was first registered in the United States in 1943, and is now registered in 166 countries and regions - including China.

The stitching on Jasonwood jeans was almost the same as on a pair of Levi's, it claimed.

The Jasonwood brand owners claimed they started to use the design in 2005, and that it came from the initial "J" of the brand name.

Jasonwood also argued that a back pocket stitching design was not a trademark.

The judge said the designs were very similar and "had led to confusion."

In 2007, Levi Strauss won a copyright suit against a Shanghai company for infringing its "two horses" logo.




 

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