Trademark News & Screw-ups Move Over adidas, Levi's is the New Trademark "Bully," Per Barbour Lawsuit

I wonder if Barbour can prove, in its defense, that Levi's tab trademark is merely functional or even generic. In other words, that it attempts to claim a monopoly over a METHOD and LOCATION of branding apparel, rather than being the actual BRAND. Basically, the dispute is that Barbour says that consumers will be able to read the word Barbour on the tag and immediately understand they are not looking at Levi's pair of jeans. On the other hand, Levi's is claiming that no matter what is written on the tag, consumers will assume it's got to be Levi's— and nothing else. It's one of those cases that Levi's can't afford to lose. Now that it's so well publicized, it's also one of those cases that Levi's can afford to quietly settle— because it would send the message to other apparel makers.

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