Legally Speaking

Though some people have tagged trademark infringement suits as the 'ambulance chasing' equivalent in IP law, I can't quite tire of brands picking up their daggers and protecting their fortresses head on.

On March 26th, Levi sued Evisu International in the Northern district of California for trademark infringement. The jury will be out on this one for a while no doubt, but in the mean time, the denim veteran has made its point.

Levi is often credited with being among the original pioneers of the denim frontier, offering its 501's for under $50. In a culture that craves immoderately priced jeans (and wretched 'jeggings') Levi sometimes gets lost in the mire. The unmistakable dipping 'V' that signifies a pair of the brand's pride and joy has never lost its strength (in both the fashion and legal sense) even amongst fierce competition on backsides everywhere. (I personally find the rear pocket to be the single most important element in a pair of jeans. A plain pocket is always a safe choice when in doubt.)

But the question of protectable trademark falls to more than just strength of mark, and the 7 other Polaroid factors ( 287 F.2d 492 (2nd Cir. 1961)) must also weight in Levi's favor to score a win for the brand. Time will tell.