Although the curved double-stitching on the back pocket of jeans may not be an invention, which contributes significantly to the advancement of humanity – it is always a registered trademark. This was decided in Hamburg on Thursday in the case against the German Levi’s rival New York the Hanseatic Higher Regional Court.
The American Jean producer Levi Strauss thereafter may relate to the exclusivity and appeal of this design does not have to tolerate that competitors will also install the sweeping ornament of the human back on their pants. “The Court of Appeal has found that consumers in the Nachgestaltung the back pockets look a certificate of origin,” said a court spokeswoman on the “world”.
comes again and again it to controversy over so-called figurative marks. The curved seam is only the latest example. At least as well known was the battle for three stripes.
double stitching on the pocket is Levi’s image brand
The Adidas -Konzern defended before the European Court of Justice successfully his right as owner “of figurative marks in the form of three vertical, parallel stripes of equal width, which are the sides of sports and leisure garments are designed in a contrasting with the background color of the garment color” described lawyers in the simple, but valuable design
Two stripes, as they inter alia, the chains C &. had sewn M on their sports clothes, A and H & , are too close, the European Court of Justice. In contrast, the European judges refused early 2014, to ennoble the famous “Button in Ear” at Steiff plush animals as a trademark. Justification: It lacked the necessary origin function
Exactly which had but available at Levi’s V-shaped double seam, explained the court spokeswoman in Hamburg, the decision of the Senate: “The defendant’s jeans” – that of New York – “see the applicant’s Pants at small deviations confusingly similar,” she said. Therefore there is a risk that consumers mistakenly assume went out to buy a Levi’s jeans.
In order for the fashion chain from Braunschweig must also in the second instance accept the accusation of being a plagiarist. The company would not comment on the decision first. Only you will wait for the written grounds, it said. Even the German Levi-Strauss daughter was the written judgment is not yet available.
The verdict of the Hanseatic League could be costly for New York. CEO Georg Friedrich Knapp had the bitter defeat probably already guessed and the US group accused of “Wild West methods” in advance of the judgment. Apparently would Levi Strauss “shoot” only a pesky competitors.
Levi’s may damage demand
The Hamburg judges were not impressed by the martial rhetoric. After her spell New York Jean some models may no longer be selling. More serious is that Levi’s are now allowed to bring back also lost profits. “It has been determined that the defendant must notify the applicant to pay for damages caused,” said the court spokeswoman.
Meanwhile, although the amount is not fixed yet , possibly, another method is required for this. It may be significant in any case. The Higher Regional Court cleared the way for Levi Strauss free to determine the damage: New York must open the competitors books and give him information about sales, profits, prices and distribution channels in the disputed products. Expressed nonchalantly. New York must be the pants down
Consumer paid for the jeans from Braunschweig usually between about 20 and 40 euros. Levi’s jeans often cost up to 100 euros. Levi’s demands allegedly almost 50 euros compensation per selling pants.
No fight on par
The fractious Jean Company fighting not necessarily at eye level. Levi’s operates 2,800 stores or areas in department stores about three times as many sales points such as New York. The Lower Saxony have also focused on Europe, while Californians are active worldwide
Especially:. Had The American Jean classic has much time to brand establish, since the Frankish emigrants Levi Strauss was patented in California’s rugged pants on May 20, 1873.
He had designed the jeans as a worker trousers for gold diggers. Also, rivets, studs and other metal parts were originally far from fashionable applications. Which should stop the tearing of the fabric at work in rivers and mines
Golden times at Levi’s are gone
The gold rush times, however, are over for Levi Strauss. CEO Chip Bergh announced in the spring at a cost-cutting program, which by 2015 some 800 jobs fall prey worldwide. Up to $ 200 million, the company wants to save each year – although the net profit last year, a jump of almost 60 percent made at $ 229 million, on revenue of nearly $ 4.7 billion. However, the businesses grow only moderately, in Europe they even shrink.
New York opened its first store in 1971 in Flensburg and has become since then claims to developed an internationally active textile trading company with more than 16,000 employees.
“Contrary to the general trend New York has seen in recent years, strong growth and profitability continuously increase, “boasts the company, but without mentioning numbers. New York aims by its own account on a “young, trend-conscious target group.”
Many opportunities to legally wind still from the affair, has the German jeans company not according to the Hamburger judgment more. “The Senate has not approved the revision,” said the court. The Lower Saxon fashion company could appeal to the Federal Court appeal against the non-admission and, if successful, the dispute before the higher court – the Federal Court – bring. Knapp had already announced their intention to go to the last instance.
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