The Delhi High Court held that the signature ‘Arcuate Stitching Design’ of U.S. jeans brand Levi Strauss had achieved the status of a “well-known” mark, while adjudicating a trademark infringement suit in favour of the company.
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The court imposed a cost of ₹4 lakh on Imperial Online Services Private Limited, which was selling denim jeans with an identical ‘Arcuate Stitching Design’ mark through the website www.urbanofashion.com and other e-commerce platforms. The court also directed the e-commerce sites to take down links to garments that were using the ‘Arcuate Stitching Design’ mark.
The direction came on a suit filed by Levi Strauss seeking protection of its stitching design, saying that the mark was adopted in 1873 and is used on all the textiles including denim jeans, which are manufactured and sold by it.
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Levi Strauss said it found the products with the infringing stitch design on various e-commerce platforms, including Amazon, Flipkart, Nykaafashion, Myntra, Snapdeal, Limeroad and Paytm Mall.
The present case relates to a stitching pattern that is not a product design but a pattern incorporated on Levi Strauss’ jeans products.
The High Court noted that the ‘Arcuate Stitching Design’ mark, which has been used on jeans, pants, and trousers serves as a unique identifier in respect of the goods of Levi Strauss.