Levi Strauss & Co v Yugen Kaisha Shimura (Shimura, Ltd.)

Levi Strauss & Co (the applicant) sought to register a trade mark for the word "LEVI'S" in relation to clothing. Yugen Kaisha Shimura (the opponent) opposed this registration, arguing that the mark was not distinctive and that the applicant had not established prior use of the mark in Australia. The matter came before the Federal Court of Australia.

The primary legal issues before the Court were whether the trade mark "LEVI'S" was inherently adapted to distinguish the applicant's goods from those of other persons, and whether the applicant had established sufficient use of the mark in Australia prior to the filing date of the application to warrant registration. The opponent contended that the mark was a common surname and therefore lacked inherent distinctiveness, and that any use by the applicant was insufficient to create distinctiveness in the Australian market.

Justice Wilson considered the evidence of use of the "LEVI'S" mark by the applicant, noting extensive international use and reputation. The Court found that, despite the surname aspect, the applicant had established a significant level of use and recognition of the mark in Australia, particularly through imported goods. This use, the Court reasoned, had endowed the mark with a degree of distinctiveness in the minds of Australian consumers, sufficient to satisfy the requirements of the *Trade Marks Act 1955* (Cth). The Court applied the principles of trade mark law concerning inherent distinctiveness and the acquisition of distinctiveness through use.

The Court ordered that the opposition be dismissed and that the trade mark be registered.