HC: Levi’s Accurate Stitching Design is a Distinctive Mark that Should Be Protected.

In a trademark case initiated by Levi, the Delhi High Court issued a permanent injunction, stating that the ‘Arcuate Stitching Design’ has now become ‘well known in the brand’s eyes.
The stitching mark is exceedingly unique, according to Justice Pratibha M. Singh’s single-judge bench, and has gained secondary meaning due to extensive use extending over a half-century.
The case concerned a sewing pattern that is not product innovation, but rather a pattern that is integrated on Plaintiff’s jeans goods, and the Court was asked whether the simple presence aforementioned stitching pattern might undertake a trademark function, i.e., associate the jeans with the Plaintiff.
Noting that there could be a large number of sewing patterns that are solely for aesthetic and visual appeal, if a trademark owner’s stitching pattern per se distinguishes the jeans, even without a name or a logo, the proprietor’s objective is for the pattern to serve as a trademark.
The Court then looked into whether the stitching design had an “acquired meaning” or is unique in and of itself. The Court noted US Court rulings such as Lois Sportswear, USA, Inc. v. Levi Strauss & Co., 631 F. Supp.735 in which the US District Court found that the ‘Arcuate Stitching Design’ mark is fanciful as well as a registered trademark worthy of protection.
The Court recognized that the ‘Arcuate Stitching Design’ trademark has been used on Plaintiff’s jeans, pants, and trousers since the first pair of jeans were developed in 1873, and it acts as a unique identification in respect of the Plaintiff’s goods. In a number of countries, the mark has indeed been registered as a trademark.