Levi Strauss and Co. v. Imperial Online Services (P) Ltd.

Levi Strauss and Co. v. Imperial Online Services (P) Ltd.

SCC OnLine Del 986

Decided on  22 December 2021

Facts of the Case 

Levi Strauss & Co., a renowned clothing brand, has taken legal action against Imperial Online Services Private Limited & Ors. for violating trademark rights and copyright infringement of their iconic 'Arcuate Stitching Design'. The said design was first registered in the United States in 1943 and has since been registered in numerous countries, as is evident from the official records. The suit also seeks the 'Arcuate Stitching Design' to be recognized as a well-known mark under the regulations of the Trademark Act of 1999. The lawsuit alleges that the defendants have unlawfully used the plaintiff's design, leading to confusion among the consumers and causing damage to the plaintiff's business reputation.

Contentions of the Parties

According to the plaintiff, they have been using a trademark on their clothing, especially jeans, since 1873. They discovered that the defendants were selling jeans with the same logo on them, through various e-commerce websites, including www.urbanfashion.com. In response, the plaintiff sent a letter to the defendants to stop infringing on their trademark. The defendants acknowledged their mistake and agreed to stop selling the infringing items within six months. However, the plaintiff found out that the jeans with the infringing mark were still being sold on e-commerce sites.

Subsequently, the Court issued an injunction that prohibited the defendants from selling any illegal content until the next hearing. The Court also found that displaying such items on any platform would constitute a violation of the injunction order, even after the defendants had been warned not to infringe on the plaintiff's mark.

Judgment 

After a detailed analysis of the matter, the Single Judge Bench, headed by Justice Pratibha Singh, recently made a significant ruling regarding trademark protection. The judge concluded that the 'Arcuate Stitching Design' could be considered for trademark protection under Section 2(m) of the Trademark Act. The judge's reasoning was that the design had become so popular and well-known that buyers would immediately associate it with the plaintiff, even if there was no logo or corporate name linked to the product. The mark has been in use for over 150 years and has become an easily recognizable symbol with secondary significance.

The 'Arcuate Stitching Design' mark, which has been utilized for Levi's jeans, trousers, pants, and other clothing for over a century and a half, should be designated as a well-known mark. As a result, the plaintiffs won the case, and the Court issued a ruling declaring the 'Arcuate Stitching Design' mark to be a well-known mark under the Trademark Act. Moreover, the Court directed the defendants to pay damages of 4 lakhs for infringing on the plaintiffs' design.

Conclusion:

Levi Strauss & Co., the popular American clothing company, has recently emerged victorious in a major legal battle against Imperial Online Services Private Limited over trademark and copyright infringement. In a significant judgment, the court has recognized the 'Arcuate Stitching Design' as a well-known mark, highlighting the crucial role of unique design elements in creating a strong brand identity. This landmark ruling has established an important legal precedent for safeguarding iconic designs and emphasizes the severe legal consequences of unauthorized use of well-known trademarks.