Levi's Wins over a Domestic Company Selling Counterfeits

Levi Strauss & Co., the owner of famous "LEVI'S" trademark for jeans has lately won in a trademark infringement lawsuit in Beijing No. 1 Intermediate People's Court against a Beijing-based garment company distributing counterfeit jeans bearing the trademark "LEVI'S". The defendant was ordered by the court to stop the infringement and pay a compensation of RMB 500,000 (US$62,500).

Almost two years ago in June 2005, the defendant was imposed a fine by two district sub-offices of Beijing Administrations for Industry and Commerce for selling and distributing counterfeit jeans bearing the trademark "LEVI'S".

However, in March 2006, the defendant was found by the plaintiff still selling counterfeit products with the trademark "LEVI'S".

According to the plaintiff, the distribution activities of the defendant have infringed its exclusive trademark right of the registered trademark "LEVI'S" and caused significant damages. Therefore, the plaintiff requested the court to order the defendant to cease infringing and compensate RMB 500,000 for the damage

The defendant argued that the jeans they sold with the trademark "LEVI'S" had legal source and it is not responsible for the damage.

Based on the facts, the court fount that the products with trademark "LEVI'S" sold by the defendant are counterfeit products and the defendant cannot provide any evidence to prove the alleged legal source. The court held that the activities conducted by the defendant has infringed the plaintiff's exclusive trademark right and shall be responsible for the claimed compensation of RMB 500,000.