Defendant restrained from using stitching designs similar to Levi's Arcuate Stitching Design Mark under KILLER and INTEGRITI brands
In a significant ruling, the Delhi High Court has granted an interim injunction in favor of Levi Strauss & Co., a globally renowned denim and apparel brand, against Kewal Kiran Clothing Limited, a prominent Indian clothing company. The injunction restrains the defendant from using stitching designs that are deceptively similar to Levi Strauss's registered Arcuate Stitching Design Mark on their denim products under the KILLER and INTEGRITI brands.
The judgment, delivered by Justice Manmeet Pritam Singh Arora, addresses a long-standing trademark dispute between the two companies. Levi Strauss claimed that Kewal Kiran Clothing was violating a prior Settlement Agreement by using stitching designs that closely resemble their well-known Arcuate Stitching Design Mark, which has been recognized globally and holds significant goodwill.
Levi Strauss, represented by Senior Advocate Mr. Chander M. Lall, argued that the defendant's stitching designs on the back pockets of their jeans were in direct contravention of the prohibitions set forth in the Settlement Agreement. The plaintiff's Arcuate Stitching Design Mark, known for its distinct double-stitched arcs on denim jeans, was established as a well-known mark by the Delhi High Court in a previous case.
Kewal Kiran Clothing, represented by Senior Advocate Mr. J. Sai Deepak, defended their use of the designs, claiming they were variations of designs permitted under the Settlement Agreement. However, the court found these arguments unpersuasive, noting that the designs used by Kewal Kiran were near identical to prohibited designs listed in the Agreement.
Justice Arora concluded that Levi Strauss had established a prima facie case of trademark infringement and breach of contract, emphasizing the balance of convenience and potential irreparable harm to the plaintiff if interim relief was not granted. The court's decision mandates Kewal Kiran Clothing to cease manufacturing and selling products bearing the infringing stitching designs under the KILLER and INTEGRITI brands during the pendency of the proceedings.
However, no injunction was granted regarding the defendant's LAWMAN stitching design, as it was not covered under the Settlement Agreement and was deemed prima facie dissimilar to Levi's Arcuate Stitching Design Mark. Levi Strauss retains the liberty to present further evidence on this matter during trial.
The court has directed Kewal Kiran Clothing to file verified accounts of their sales and stock details of products bearing the infringing designs. The existing stock of jeans with the impugned designs can be sold by retailers within four months, subject to specific conditions outlined in the court order.
This ruling marks a pivotal moment in the ongoing battle for trademark rights in the fashion industry, highlighting the importance of adherence to settlement agreements and the protection of well-established trademarks.
Bottom line:-
Intellectual Property - Interim injunction granted to restrain the Defendant from using stitching design marks of KILLER and INTEGRITI brands that are deceptively similar to the Plaintiff's Arcuate Stitching Design Mark, breaching a prior Settlement Agreement.
Statutory provision(s): Trade Marks Act, 1999 Sections 2(1)(zg), 11(6), Code of Civil Procedure, 1908 Order XXXIX Rules 1 and 2
Levi Strauss and Co. v. Kewal Kiran Clothing Limited, (Delhi) : Law Finder Doc id # 2912993
