Levi’s Brings Trademark Lawsuit Against Japanese Denim Brand and Two U.S. Retailers

Levi’s seems to be hoping that the third time’s the charm—or at least that the third injunction’s the charm.

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The company filed a lawsuit on September 12 in California’s Northern District Court, accusing Japanese denim brand FullCount and U.S. retailers Franklin & Poe and Standard & Strange of counterfeiting and trademark infringement .

According to the San Francisco-based denim giant, FullCount has continuously infringed on its trademarks, resulting in two prior injunctions attached to the complaint as exhibits. Each of the two documents order a permanent injunction against FullCount, requiring that it not manufacture, produce, source or otherwise sell or be affiliated with the trademarks Levi’s owns. The first of the two injunctions came down in October 2009, and the other is dated August 2018.

Now, Levi’s has gone in for a third lawsuit against FullCount, alleging that, despite the existing injunctions, it has continued to sell items infringing on several of Levi Strauss’ trademarks, including the Tab mark—often seen as a Red Tab protruding from the back pocket of a pair of jeans—and the Arcuate mark, which is the arch-like embroidery on the pocket of some Levi’s products, among others.

“FullCount is…party to a default judgment and injunction issued by this court as a resolution of LS&Co.’s prior lawsuits,” the brand argues. “The injunctions…forbid FullCount from continuing to sell products bearing designs that infringe LS&Co.’s trademarks.”

Levi’s goes on to say that, because of the existence of the injunctions, FullCount’s alleged actions were done knowingly and with malicious intent. According to the complaint, FullCount released the alleged infringing goods as part of its 30th anniversary collection, then expanded the line to include additional products.

“Despite the history between FullCount and LS&Co. Including a permanent injunction and damages award, FullCount and its co-defendants have engaged in this latest effort to free-ride on LS&Co.’s brand with specific knowledge of [the brand’s] trademark rights,” Levi Strauss’ attorneys argued.

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The items at issue include a denim jacket, jeans and a T-shirt.

According to Levi’s, its trademarks are “famous and recognized around the world and throughout the United States by consumers as signifying authentic, high-quality Levi’s garments.” In turn, the company notes, consumers would likely be confused, mistaken or deceived if they saw the FullCount items that allegedly bear resemblance to the denim giant’s.

Levi’s claims the defendants have committed both federal and state trademark infringement, as well as run afoul of federal counterfeiting laws. The company asks the court for yet another permanent injunction preventing FullCount from any future use of its trademarks, as well as seizure of the alleged counterfeit goods and “a complete list of individuals and entities from whom or which they purchased, and to whom or which they sold, offered for sale, distributed, advertised or promoted, infringing products and services.”

As is usual in claims like these, Levi’s also requested profits attributable to the alleged infringing goods, as well as recovery of damages in the form of lost profits.

Levi’s has a long track record of fighting purported instances of infringement in court, from its legal battle against Bruno Cucinelli , to its action against an Australian business owner and many other cases.

Neither Levi’s nor FullCount returned Sourcing Journal’s requests for comment.

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