Gone is the trend when brands were known only by their names. Now, the product itself has unique characteristic features, designs or colours which indicate the brand. Be it Apple's Apple, Christian Louboutin's Red Soles, W's red W tag, USPA's Jockey-and-the-horse-emblem etc. Same is the case with Levi's denim apparels. You see a small coloured tab on the right-hand side pocket and you know it's a Levis.
It is interesting to note that Levi's has protected its signature red/white/black tab in various jurisdictions under trademark laws. In furtherance of this protection, Levi's has filed a suit against its contemporary brand Yves Saint Laurent ("YSL") in California. Amongst other things, Levi's has alleged that by copying its pocket tab YSL is diluting its trademark causing confusion among the consumers who generally associate the back pocket tab to Levi's. This small tab is used by Levi's to differentiate its jeans, pants, shirts, etc. from those of other brands since 1936.
It is noteworthy that while the Levi's tab is located on the inner seam of the pocket, YSL's tab is placed on the outer seam. However, from the standpoint of an average consumer with limited experience for differentiation, whether such differentiation is enough to dissociate the two brands or if there is a likelihood of confusions remains to be seen. The likelihood of confusion is less considering prices of products of the two brands would bifurcate the markets largely. Watch this space for more developments in the case.
Compiled by: Adv. Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
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