I.Protect: Levi’s vs. Europress

Thursday, February 9, 2012

Clint Fabiosa & Ana Liza Villamor

CVS Garment obtained from the National Library a copyright certificate for its back pocket design of a double arc intersecting in the middle and used it for its Europress jeans. Levi’s sued CVS for trademark infringement claiming that it is the registered trademark owner of the “arcuate” design - also a double arc intersecting at the center - used for jeans. CVS raised as defense its copyright certificate for its back pocket design. The Supreme Court ruled that CVS’s design infringed on Levi’s “arcuate” design. It ordered the cancellation of CVS’s copyright registration since it was merely a copy of Levi’s registered “arcuate” design trademark. To be entitled to copyright, the thing being copyrighted must be original, created by the author through his own skill, labor and judgment, without directly copying or evasively imitating the work of another. (Sambar vs. Levi’s, G.R. No. 132604, March 6, 2002)

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