Pantsing off? Delhi High Court awards ₹4 lakh to Levi Strauss in trademark infringement suit

The Delhi High Court recently awarded costs of ₹4 lakh in favour of US jeans brand Levi Strauss in a trademark infringement suit [Levi Strauss & Co vs. Imperial Online Services Private Ltd]..Justice Pratibha Singh noted that Levi's signature 'Arcuate Stitching Design' has become an extremely distinctive mark that has acquired the status of a well-known mark. "Considering the long period of 150 years, during which the ‘Arcuate Stitching Design’ mark has been used for Levi’s jeans, trousers, pants and other garments, and the factors outlined above, the said mark has achieved the status of a well-known mark. Accordingly, a decree of declaration declaring the said mark as a `well-known’ mark in terms of paragraph 76(h) of the plaint is also passed," the order stated. .The Court deemed it appropriate to decree the suit in favour of Levi Strauss and award partial costs to it in a suit filed against the defendant, Imperial Online Services Private Limited."Accordingly, in recognition of the trademark rights and common law rights in the ‘Arcuate Stitching Design’ mark in favour of the Plaintiff, the suit is decreed in terms of paragraphs 76(a), 76(b), 76(c) & 76(d) of the plaint. The Defendants also stand restrained from seeking any statutory rights by applying for trademarks or copyrights in respect of the ‘Arcuate Stitching Design’ mark. If any applications have been filed by the Defendant, the same shall be withdrawn within 30 days.".With regard to the images of the products that were displayed on various e-commerce platforms like Nykaa, Amazon, Flipkart and Limeroad, the High Court directed the defendants to write to said platforms and ensure the removal of the images within a period of 30 days. "All the e-commerce platforms are directed to ensure that the said images containing the ‘Arcuate Stitching Design’ mark of the Plaintiff are removed from their websites and that no further sale of any garments with the ‘Arcuate Stitching Design’ mark is permitted on their platforms by the Defendants.".The order was passed in a suit moved by Levi Strauss seeking a permanent injunction restraining trademark infringement, copyright infringement, passing off of trademark and other similar reliefs, towards its signature 'Arcuate Stitching Design' mark.The US-based company claimed that the said mark was adopted in 1873 and been used on all its textiles, including denim jeans manufactured and sold by the brand.The grievance put forth by Levi's was that the defendants were selling similar denim jeans with the identical 'Arcuate Stitching Design' mark, comprising two arches connecting at the centre of the jeans' back pockets, on its own website as well as other major e-commerce platforms, despite repeated notices sent to the defendants..The defendants had earlier given an undertaking to Levi's, stating that they will never use or have any involvement in the manufacture, distribution or sale of jeans bearing similar stitching designs, either directly or indirectly. The present plea arose after the defendants continued to manufacture and offer for sale the said jeans with the distinct stitching design..The High Court noted that the defendants completely failed to abide by their repeated undertakings, and thus held,"The Defendants shall further pay a sum of Rs.4 lakhs within four weeks to the Plaintiff as nominal costs in view of the fact that the Defendants have completely failed to abide by their repeated undertakings, as also the fact that exhibition of images on e-commerce platforms constitutes violation of the ad interim injunction passed by this Court."The order clarified that if any non-compliance with the present order is seen within period of 30 days or it is found that the defendants are indulging in any action violative of the injunction orders passed, Levi's would be at liberty to move court again..Advocates Dushyant K Mahant, Urfee Roomi and Vishesh Kumar appeared for Levi Strauss.Advocate Shilpa Gamnani appeared for Imperial Online Services Private Limited..[Read Order]