Levi Strauss & Co., the renowned American clothing company, has taken legal action against Italian luxury fashion brand Brunello Cucinelli. The lawsuit, filed in the San Francisco federal court on Tuesday, January 23, alleges that Brunello Cucinelli has infringed upon Levi’s trademarked rectangular pocket tab, a distinctive feature that the denim giant claims to have originated back in 1938.
In its lawsuit, Levi Strauss argues that Brunello Cucinelli’s clothing bears a “nearly identical” reproduction of its iconic tab, specifically highlighting 14 photographs of Brunello Cucinelli’s apparel as evidence. According to the complaint, the tabs on Brunello Cucinelli’s items, appearing in shades of brown or grey, are positioned in a manner similar to those on Levi’s products, such as the back pockets of jeans and shirt pockets.
Levi Strauss has expressed grave concerns over the potential confusion among consumers due to the similarity, fearing that it could lead to a loss of sales and inflict significant harm on the company’s goodwill and reputation. The denim pioneer emphasized the urgency of the matter, stating that the continued sale of Brunello Cucinelli’s allegedly infringing products could cause “immeasurable and irreparable damage.”
As a remedy, Levi Strauss is seeking a court order to halt the sale of Brunello Cucinelli’s contested products. Additionally, the company is requesting unspecified damages, which include compensation for lost profits, and is pursuing other appropriate legal remedies. The lawsuit also notes that Levi Strauss had previously made multiple attempts to amicably resolve the dispute through non-litigious means, but to no avail.
This legal battle is not an isolated incident for Levi Strauss. The company has a history of vigorously defending its trademarks. Notably, in November 2018, Levi Strauss filed a lawsuit against the American subsidiary of Yves Saint Laurent, accusing it of a similar trademark infringement. The denim giant sought monetary damages, profits from the sale of the infringing products, and a detailed list of individuals and entities involved in the manufacturing, sale, distribution, or promotion of the contested items.
That same year, Levi Strauss also took legal action against the French luxury house KENZO, asserting that KENZO’s placement of tabs on the pockets of its pants constituted trademark infringement. Levi Strauss argued that KENZO’s actions posed a direct threat to its business, potentially leading to lost sales and causing “incalculable and irreparable damage” to its brand’s goodwill.
As the legal proceedings unfold, the fashion industry watches closely, recognizing the potential implications of this lawsuit for brand identity and trademark protection in the highly competitive apparel market. Both Levi Strauss and Brunello Cucinelli have been approached by MARKETING-INTERACTIVE for comments on the matter.