Levi’s loses trademark suit vs rival

MANILA, Philippines - The supreme Court has upheld Justice department’s dismissal of a trademark suit filed by Levi Strauss (Philippines), Inc.’s against another jeans manufacturer. In a decision, the third division of the high court ruled government prosecutors had not abused their authority when they found no sufficient evidence to pursue the case. Levi Strauss, a wholly owned subsidiary of the Delaware-based jeans maker, manufactures and sells Levi’s pants, jackets and shirts in the Philippines. Levi’s various trademarks were first used in here in 1946. In 1995, it sued businessman Tony Lim’s Vogue Traders Clothing Co. before the Interagency Committee on Intellectual Property Rights for selling similar products under the brand name LIVE’S. Police had searched the businessman’s office based on a complaint for unfair competition. In 1996, prosecution lawyer Florencio dela Cruz dismissed the complaint, ruling out the likelihood of confusion between the competing products. The prosecutor said Vogue had not tried to deceive consumers even if it printed a 105 mark on the backpocket of its jeans, similar to the 501 mark on the Levi’s brand. The local brand’s patches also depicted three men on each side attempting to tear apart a pair of jeans, a play of Levi’s patch showing two opposing horses being whipped by two men also in an attempt to pull the jeans apart. Vogue has acquired copyright protection for the marks In 1998, then Justice Secretary Teofisto Guingona, Jr. sided with Vogue. His successor, Silvestre Bello III, revised the decision. Finally, in 1999, then Justice Secretary Serafin Cuevas overturned the Bello decision. Levi’s appealed the case before the Court of Appeals (CA), but also failed. In its ruling, the high court said "the filing with the CA of a petition for review to question the Justice secretary’s resolution regarding... probable cause is an improper remedy." — Ira P. Pedrasa, BusinessWorld