Levi Strauss & Co. Files Notice of Opposition Against House of Levii

Levi Strauss & Co. is headed to court again to protect its intellectual property. On Aug. 25, the denim giant formally filed a "Notice of Opposition" with the U.S. Patent and Trademark Office, which named Edvena Angel Demanwu from Moorhead, Minn., as the applicant and defendant.

San Francisco-based Verso Law Group is representing Levi Strauss & Co. The filing is currently listed as "pending." The mark in question is for "House of Levii" footwear, and Demanwu filed the trademark application in March of this year.

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Demanwu could not be reached for comment.

"Registration of Applicant's Mark would be a source of damage and injury to LS&Co. and the public, and would be contrary to the principles of registration set out in 15 U.S.C. §§ 1051 et seq," Levi Strauss & Co. said in the 37-page opposition filing. The bulk of the filing included the history of the jeans maker and examples of its trademark for the past century.

The company also included the brand's cultural significance and notable heritage.

"The company's apparel production was protected as an 'essential industry' during World War II, and exhibits at institutions such as the Smithsonian and Museum of Modern Art display photographs underscoring that [Levi's] products are a 'staple of American culture, symbolizing youth, freedom, and effortless cool,'" the filing stated.

The company also noted its long history of collaborations with other brands and "well-respected" fashion designers. The company also said consumers would be confused by the House of Levii brand and think it was sponsored, authorized or licensed by Levi Strauss & Co.

"LS&Co. will be damaged by the registration of the Applicant's Mark in connection with Applicant's Goods because Applicant's Mark so closely resembles the LEVI'S Mark as to be likely to cause confusion, mistake, or deception in the minds of consumers as to the origin or source of those goods or the affiliation between Applicant and LS&Co.," the filing stated.

The opposition filing also said the company's brand would be diluted in terms of distinction in the market by the applicant's mark.

As a result, the denim brand said the applicant's mark should be refused under patent law.

The opposition filing follows two other lawsuits that resulted in a legal settlement gain of $33 million, which Levi Strauss & Co. noted in its most recent quarterly report. One was against S/Double, an Australian brand. The other was against Brazilian brand Farm Rio. In the quarterly report, Levi Strauss & Co. did not distinguish the settlement amounts between the two cases. In both cases, the company noted how the two other marks cause consumers to be confused.

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