High Court of Bombay

Federal Brands Ltd. v. Levi Strauss India Pvt. Ltd.

MANU/MH/0340/2016

02.03.2016

Intellectual Property Rights

Levi Strauss denied use of ‘Live In’ for promotional material

The Bombay High Court prohibited Levi Strauss from using the words ‘Live In’ in connection with its clothing line, ‘Levi’s’.

The Plaintiff, owner of the registered trade mark, ‘Live-In’ had complained against Levi Strauss using the deceptively similar phrase ‘Live In’ alongside its own trade mark, ‘Levi’s’. The Court accepted its contentions that the public would associate ‘Live-In’ and ‘Levi’s’ together and confusion would result in both being accepted as brands belonging to Levi Strauss. Counter arguments by on behalf of Strauss that the words were only generally descriptive of clothing, and formed mere sub-text in its branding backfired somewhat. The Court concluded that if the words were of such little importance, Levi Strauss would not be prejudiced if it were not allowed to use the same in hoardings and other advertising campaigns.

Relevant

M/s. Johnson and Johnson and another vs. Christine Hoden India (P.) Ltd. and another MANU/DE/0675/1987
Hem Corporation Pvt. Ltd. Trading vs. ITC Limited MANU/MH/0535/2012
Section 29 Trade Marks Act, 1999

Tags : Levi strauss live in trade mark deceptive

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