Levi Strauss & Co. has filed a trademark infringement lawsuit against Delta Galil Industries-owned 7 For All Mankind (7FAM), alleging that the brand has “misappropriated” the Levi’s tab trademark.
The denim purveyor said in its complaint that the tab trademark has come to be known as a concrete signal that consumers are buying an authentic Levi’s product and argued that extraneous uses of that trademark could dilute or harm its own brand.
“The tab trademark appears on almost all jeans sold by [Levi’s] and is also featured on other apparel products, such as shirts, jackets and accessories,” the company stated in its complaint, further noting that it sells “millions” of products with the tab trademark on an annual basis.
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The complaint pointed out that Levi’s uses tabs in multiple colors “including red, white, blue, black and silver.”
“The tab trademark is famous and recognized around the world and throughout the United States by consumers as signifying authentic, high-quality LS&Co.’s garments,” the complaint stated. “LS&Co.’s tab trademark was famous among the general consuming public long before [7FAM] began selling the products challenged in this complaint.”
The products at issue include several pairs of 7FAM pants and shorts that have small pieces of fabric affixed to one pocket. Levi’s alleged that “the 7FAM infringing tabs are substantially similar” to its own tab trademark” and said the brand used those markings without consent from Levi’s.
The denim giant said that the markings on 7FAM’s items are “likely to cause confusion, mistake or deception by or in the public as to the affiliation, connection, association, origin, sponsorship or approval of [7FAM] and [its] products and services, to the detriment of LS&Co. and consumers.”
Levi’s accused 7FAM of federal trademark infringement, federal unfair competition, federal dilution of famous marks, California trademark infringement and California unfair competition. The company has requested that a judge enjoin 7FAM from creating, selling or marketing any products that “resemble LS&Co.’s tab trademark” in a way that would cause consumer confusion or deception; from leveraging any “word, term, name, symbol, device, design or combination thereof” that could cause consumer confusion or deception; from “further diluting the tab trademark” and more.
Levi’s also seeks a list of entities or individuals that sold the allegedly infringing 7FAM products and requests that a judge require 7FAM to hand over its “entire inventory of infringing products and services,” including both the products themselves and the packaging and advertising associated with them.
What’s more, the denim giant will look to “recover from [7FAM] its damages and lost profits, and [7FAM’s] profits” as well as additional damages.
7FAM did not return Sourcing Journal’s request for comment on the lawsuit, and federal court records show the company and its parent have yet to respond to the Levi’s complaint, which was filed on October 22 in the Northern District of California.
Levi’s has, in the past, started trademark battles with a variety of brands—large and small—including Brunello Cucinelli, Green Tab, Coperni, Premier Brands Group and others. In a lawsuit against the denim giant that was ultimately dismissed, clothing company Barbour said Levi’s has “a dubious distinction of being one of the world’s biggest trademark bullies.”
