On March 30, 2021, Levi Strauss & Co. (“LS&Co.” or “Plaintiff”), represented by Gregory S. Gilchrist of Kilpatrick Townsend & Stockton LLP, filed an intellectual property lawsuit against 13 Rattles, Inc. (“R13”) and Chris Leba (collectively, “Defendants”), seeking injunctive relief, damages and lost profits among other reliefs for systematically misappropriating LS&Co’s famous trademarks as symbols for their own products and identities as designers and producers of “classic” streetwear and casual apparel. This case was filed in U.S. District Court in the Northern District of California with Judge Nathanael M. Cousins presiding.
LS&Co filed this action for the Defendant’s alleged infringement of its trademarks identified as Arcuate Stitching Design Trademark (the “Arcuate trademark”), Two Horse Design and Two Horse Label Design (the “Two Horse trademarks”) and Tab Device Trademark (the “Tab trademark”), which consists, in one configuration, of a textile marker or other material sewn into the pocket seams or one of the regular structural seams of the garment owned by them.
In this complaint, the Plaintiff alleged that “Defendants 13 Rattles, Inc. (“R13”) and Chris Leba began in approximately 2017 selling redesigned and modified LEVI’s® jeans with the Arcuate trademark on full display, supplemented by R13’s own branding. Twice, LS&Co. thought it had persuaded R13 and Mr. Leba to stop this infringement and passing off of LS&Co.’s products as its own. Now, R13 and Leba have yet again resumed these Arcuate trademark infringements. They also have designed and launched a brand – called Denimist® – whose entire identity is shrouded in markers and logos that mimic LS&Co’s Tab and Two Horse trademarks.”
It has been further alleged that “In addition to producing garments in its own factories, LS&Co. sometimes enters license agreements so that licensees may produce authorized products to LS&Co.’s specifications. Some or all of the Arcuate, Two Horse and Tab trademarks may be licensed for this purpose. In addition, LS&Co. often engages in collaborations with designers and other brands to produce a jointly created and sponsored item, including many designers and brands with a public image and brand equity that are highly similar to Defendants.”
There are five claims for relief laid down by the Plaintiff. The first claim is for federal trademark infringement in violation of 15 U.S.C. §§ 1114-1117; Lanham Act § 32. The second claim relates to federal unfair competition wherein False Designation of Origin and False Description in violation of 15 U.S.C. § 1125(a); Lanham Act § 43(a) has been claimed. The third claim is for Federal Dilution of Famous Marks in violation of Trademark Dilution Revision Act of 2006 15 U.S.C. § 1125(c); Lanham Act § 43(c), the fourth claim is for California Trademark Infringement and dilution Cal. Bus. & Prof. Code §§ 14200 et seq.; Cal. Bus. & Prof. Code § 14247 and the fifth claim is for California Unfair Competition in violation of Cal. Bus. & Prof. Code § 17200.
In the prayer for relief, the Plaintiff has requested the court to adjudge that the Defendants have infringed the Plaintiff’s trademarks as alleged and to require them to perform acts as requested in the complaint. The Plaintiff further requested the court to pass an order for injunctive relief and damages, loss of profits with prejudgment interest and cost of litigation amongst all other reliefs as claimed.
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Pending - Other Pending
Intellectual Property - Trademark
Nathanael M. Cousins
Levi Strauss & Co.
13 Rattles, Inc.
Gregory S. Gilchrist
Gia L. Cincone
Beatrice O Strnad
Civil Cover Sheet
Docket(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Levi Strauss & Co... (Gilchrist, Gregory) (Filed on 4/14/2021) (Entered: 04/14/2021)[+] Read More [-] Read Less
Docket(#7) WAIVER OF SERVICE Returned Executed filed by Levi Strauss & Co.. Service waived by 13 Rattles, Inc. waiver sent on 4/4/2021, answer due 6/3/2021; Chris Leba waiver sent on 4/4/2021, answer due 6/3/2021. (Gilchrist, Gregory) (Filed on 4/12/2021) (Entered: 04/12/2021)[+] Read More [-] Read Less
Docket(#6) Certificate of Interested Entities by Levi Strauss & Co. (Gilchrist, Gregory) (Filed on 3/31/2021) (Entered: 03/31/2021)[+] Read More [-] Read Less
Docket(#5) Summons Issued as to 13 Rattles, Inc., Chris Leba. (sfbS, COURT STAFF) (Filed on 3/31/2021) (Entered: 03/31/2021)[+] Read More [-] Read Less
Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/23/2021. Initial Case Management Conference set for 6/30/2021 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 3/31/2021) (Entered: 03/31/2021)[+] Read More [-] Read Less
Docket(#3) Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/14/2021. (haS, COURT STAFF) (Filed on 3/31/2021) (Entered: 03/31/2021)[+] Read More [-] Read Less
Docket(#2) Proposed Summons. (Gilchrist, Gregory) (Filed on 3/30/2021) (Entered: 03/30/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT against 13 Rattles, Inc., Chris Leba ( Filing fee $ 402, receipt number 0971-15771375.). Filed byLevi Strauss & Co.. (Attachments: #1 Civil Cover Sheet)(Gilchrist, Gregory) (Filed on 3/30/2021) (Entered: 03/30/2021)[+] Read More [-] Read Less