MONDAY, 5 SEPTEMBER 2011
California Court refuses to hear Levi Strauss EU infringement claim
US clothing brand Levi Strauss & Co failed in its attempt to persuade a US court to consider its complaint that online retailer Papikian Enterprises had infringed its European trade marks, the judge holding that he did not have a duty to decide whether Papikian had breached EU laws. The claim was founded on an assertion that Papikian, who registered the domain name 501usa.com, was importing discontinued lines and out-of-stock Levi garments into the European Union.
Judge Jeffrey S. White (District Court, California) dismissed the claim, ruling that Levi Strauss had failed to provide adequate reasons why the matters should be dealt with by the US court and not in the courts of the relevant EU member states: the courts of the EU were better prepared to make rulings on mark protection in that geographic area.
Source: "Levi Strauss loses out on US court examining EU infringement" by Catherine White, Intellectual Property Magazine, 31 August 2011
Posted by: Jeremy Phillips @ 06.23
Tags: United States, jurisdiction,