By Jonathan Stempel
(Reuters) – Levi Strauss has sued Brunello Cucinelli, accusing the Italian luxury fashion brand of infringing its trademarked rectangular pocket tab.
In a complaint filed on Tuesday night in San Francisco federal court, Levi provided 14 photos of Brunello Cucinelli clothing containing “nearly identical” copies of its tab, which the retailer of denim and other clothing trademarked in 1938.
Levi said consumers will likely be confused, and it will likely lose sales and suffer “incalculable and irreparable damage” to its goodwill and reputation unless Brunello Cucinelli stops selling its infringing clothing.
The lawsuit seeks to end sales of infringing products, unspecified damages including lost profits, and other remedies. Levi said repeated attempts to resolve the dispute without litigation were unsuccessful.
Brunello Cucinelli had no immediate comment on Wednesday.
Levi’s brands also include Dockers and Beyond Yoga.
The San Francisco-based company has in recent years filed several lawsuits to protect its tabs, including cases against Kering’s Yves Saint Laurent and LVMH’s Kenzo. Both of those lawsuits ended in settlements.
The case is Levi Strauss & Co v Brunello Cucinelli USA Inc et al, U.S. District Court, Northern District of California, No. 24-00399.
(Reporting by Jonathan Stempel in New York; Additional reporting by Eliza Anzolin in Milan; Editing by Bernadette Baum)
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