The Shanghai Pudong District People's Court recently entered the first-instance judgment on trademark infringement lodged by Levi Strauss & Co. (Leiv’s) and SHANGHAI LIHUI ECONOMY&TRADE CO.,LTD, the rightholder of “Leiv’s” trademark in China, ordering four defendants to cease infringement and indemnify 350,000 Renminbi yuan in damages.
The plaintiff claimed that the double-arc design was first registered as trademark when they entered into China market in 2001. They then discovered that a similar pattern was used on a Chinese jean brand named “Jasonwood” in June 2009. It was found that many shops in Shanghai were distributing such products. Levi’s then sent a cease and desist letter but without any response. Levi’s later brought the case before the court and sought for injunction, removal of ill impact and a total of 1 million Reminbi yuan in damages.
After examination, the court held that the radian of the double-arc and position on the pants are basically the same, which made the two marks identical. As a result, the public would be confused as to the sources of the jeans. Therefore, the court ordered four defendants to cease the act of infringement and to pay a total of 350,000 Renminbi yuan for economic losses and reasonable costs.
