Levi’s managed to end the imitation of the iconic design of its jeans’ pockets in Uruguay, which was being copied without respect for the trademark by a recognized local brand, according to the study by Cervieri Monsuárez in a press release analyzing the case.
According to the report drafted by the study, in April of last year the store that sold merchandise “identified with Levi’s brands” was detected, including jeans with the same arched pocket, the brand’s iconic distinctive sign.
The arched pocket design is a seam known as “Arcuate” and has been a registered trademark of Levi’s since 1943. Its uniform “diamond” design formed at the point where the two seams meet is made by a double needle machine.
After learning of the imitation, Levi’s notarized the premises requesting the cessation of the use and marketing of said products and their immediate withdrawal from sale.
According to Cervieri Monsuárez, the infringing products are manufactured in Uruguay and are marketed through a company located in one of the most important commercial neighborhoods of Montevideo with branches in other parts of the country.
After several negotiations, the infringer signed an out-of-court agreement in which they recognized Levi’s priority right over its figurative marks with respect to the pocket and promised not to commercialize any of the brands owned by Levi’s or similar with it in the future, and finally to remove, seam the pockets of the jeans and reimburse the expenses incurred.
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