Levi's Battles Abecrombie Over Jeans

Categories: Business, Fashion
levistab.jpg
Original, and wanting to keep it that way.
Here is a debate that's been left to the courts -- and the fashion divas of the world. San Francisco's-based Levi's jeans company is fighting with Abercrombie & Fitch Clothing over the arched-shaped stitching on the buttocks of the pants.

Today, a San Francisco appeals court decided that a judge gave the jury wrong standards to use when trying to determine whether Abercrombie ripped off the Levi's trademark on the back pockets. The court sent the case back to trial.

Let's compare the back pockets from both jeans ourselves:
rsz_levispocket.JPG
Levi's arches.
rsz_abercrombiepocket.JPG
Abercrombie's arches.
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In these photos from today's ruling, you see that there is some resemblance, but they are not identical. A judge had told the jury that it must decide whether the Abercrombie's design was "identical or nearly identical" to the Levi's stitching. The jury ruled in Abercrombie's favor that the two are not the same.

Justices rules that the "identical" standard was a misrepresentation of the Trademark Dilution Revision Act of 2006, which protects trademarks from copycats. "Given the relative balance of the parties' positions," Judge Kenneth Ripple writes in the opinion, "we cannot say, with any confidence, that the district court would have reached the same result absent the legal error."

Levi's has waged legal war over the last decade, sending corporate spies across the world to find companies that are ripping off their trademarks. The company has sued at least 100 other brand name companies, including Dolce & Gabbana, which we wrote about last month.   

With the case sent back for another trial, this battle between the booties continues.

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3 comments
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yuan8954zy01
yuan8954zy01

I don't think A&F has disappeared for I found many online A&F stores selling A&F products, like goabercrombie. The only doubt I have is that whether they are official websites.

thinkbp
thinkbp

You have incorrect information. The "A&F" pocket is actually from Ruehl, its now defunct concept. I believe they did a cease and desist anyway years ago...

MrEricSir
MrEricSir

Both brands rely entirely on overseas sweatshop labor. Why would consumers expect their products to be different?

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