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HEMA fined €4.5 million – trademark infringement Levi’s arcuate

HEMA fined €4.5 million - trademark infringement Levi's arcuate

Levi Strauss puts a lot of effort in securing the reputation of its jeans’ brands. The company has registered many marks and signs as trademarks. Not only the name LEVI'S is protected, but also type numbers (501 etc.), names, logos, the characteristic red pocket-label and it’s typical stitching. That makes sense, because for example the V-shaped stitching on the back pocket (Levi's arcuate) is a very distinctive sign. Consumers recognize the jeans as real Levi's.

When Dutch retail chain HEMA starts to sell jeans with a similar stitching sign in 2015, a lawsuit soon follows. Levi claims infringement and demands compensation of € 50 per jeans sold. The Brussels Court partly agrees. The stitching on the HEMA jeans looks so similar to those from Levi’s that the consumer can easily mistake the jeans for a pair of Levi’s. Consequence: infringement. A total of 221,603 units were sold. However, court deems the demanded compensation too high and fixes it to an amount € 20 per unit sold. HEMA is therefore sentenced to pay damages in the amount of nearly €4.5 million to Levi Strauss.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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