Levi Strauss & Co v Levi & Era Menaker

This matter came before Iain Thompson, a delegate of the Registrar of Trade Marks, concerning an opposition by Levi Strauss & Co to the trade mark application by Levi & Era Menaker. The dispute centred on the applicants' proposed trade mark, LEVI WINE, for use in relation to wines. This was not the first encounter between the parties, as a prior opposition concerning the trade mark LEVI’S WINE had been settled by a confidential agreement.

The court was required to determine whether the proposed trade mark LEVI WINE should be registered, considering the opposition grounds raised by Levi Strauss & Co. Specifically, the opposition was based on section 42 of the Act, relating to the settlement agreement, and section 59, which concerns the distinctiveness of a trade mark. The court also had to consider the terms of the prior settlement agreement, which stipulated that the word "LEVI" would only be used in upper case and that the goods would be restricted to "kosher" wines.

The delegate found that the opponent had established its ground of opposition under section 59 of the Act. While the specific reasoning for this finding is not detailed in the provided text, it is implied that the use of "LEVI" in the proposed mark, despite the settlement's limitations, was considered. The delegate noted the substantial evidence of Levi Strauss & Co's extensive use and advertising of its "LEVI'S" trade mark in Australia for clothing and fashion goods.

Consequently, the delegate refused to register the trade mark application 980276. The applicants were ordered to pay the opponent's costs on the official scale, as Levi Strauss & Co was successful in these proceedings.