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    Victorio P. Diaz Vs People of The Philippines and Levi Strauss (Phils.), Inc. G.R. No. 180677 February 18, 2003 Facts

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    James William
    Victorio P. Diaz was accused of selling counterfeit Levi's 501 jeans in his tailoring shops. Levi's Philippines hired a private investigator who found that the jeans sold in Diaz's shops were counterfeits. Diaz claimed he did not manufacture Levi's jeans and used his own label "LS Jeans Tailoring" for the jeans he made and sold. The Court held that there was no likelihood of confusion between Levi's and Diaz's trademarks when considered holistically. Diaz's "LS Jeans Tailoring" label was visually and aurally different from Levi's "LEVI STRAUSS & CO" label and suggested his jeans came from tailoring shops rather than malls that sold Levi

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    Victorio P. Diaz Vs People of The Philippines and Levi Strauss (Phils.), Inc. G.R. No. 180677 February 18, 2003 Facts

    Uploaded by

    James William
    196 views2 pages
    Victorio P. Diaz was accused of selling counterfeit Levi's 501 jeans in his tailoring shops. Levi's Philippines hired a private investigator who found that the jeans sold in Diaz's shops were counterfeits. Diaz claimed he did not manufacture Levi's jeans and used his own label "LS Jeans Tailoring" for the jeans he made and sold. The Court held that there was no likelihood of confusion between Levi's and Diaz's trademarks when considered holistically. Diaz's "LS Jeans Tailoring" label was visually and aurally different from Levi's "LEVI STRAUSS & CO" label and suggested his jeans came from tailoring shops rather than malls that sold Levi

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    Victorio P. Diaz was accused of selling counterfeit Levi's 501 jeans in his tailoring shops. Levi's Philippines hired a private investigator who found that the jeans sold in Diaz's shops were counterfeits. Diaz claimed he did not manufacture Levi's jeans and used his own label "LS Jeans Tailoring" for the jeans he made and sold. The Court held that there was no likelihood of confusion between Levi's and Diaz's trademarks when considered holistically. Diaz's "LS Jeans Tailoring" label was visually and aurally different from Levi's "LEVI STRAUSS & CO" label and suggested his jeans came from tailoring shops rather than malls that sold Levi

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    196 views2 pages

    Victorio P. Diaz Vs People of The Philippines and Levi Strauss (Phils.), Inc. G.R. No. 180677 February 18, 2003 Facts

    Uploaded by

    James William
    Victorio P. Diaz was accused of selling counterfeit Levi's 501 jeans in his tailoring shops. Levi's Philippines hired a private investigator who found that the jeans sold in Diaz's shops were counterfeits. Diaz claimed he did not manufacture Levi's jeans and used his own label "LS Jeans Tailoring" for the jeans he made and sold. The Court held that there was no likelihood of confusion between Levi's and Diaz's trademarks when considered holistically. Diaz's "LS Jeans Tailoring" label was visually and aurally different from Levi's "LEVI STRAUSS & CO" label and suggested his jeans came from tailoring shops rather than malls that sold Levi

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    23

    Victorio P. Diaz vs People of the Philippines and Levi Strauss [Phils.],


    Inc.
    G.R. No. 180677 February 18, 2003

    Facts:
    Levi Strauss Philippines, Inc. (Levis Philippines) is a licensee of Levis. After
    receiving information that Diaz was selling counterfeit LEVIS 501 jeans in his
    tailoring shops in Almanza and Talon, Las Pias City, Levis Philippines hired a
    private investigation group to verify the information. Surveillance and the
    purchase of jeans from the tailoring shops of Diaz established that the jeans
    bought from the tailoring shops of Diaz were counterfeit or imitations of
    LEVIS 501. Armed with search warrants, NBI agents searched the tailoring
    shops of Diaz and seized several fake LEVIS 501 jeans from them. Levis
    Philippines claimed that it did not authorize the making and selling of the
    seized jeans; that each of the jeans were mere imitations of genuine LEVIS
    501 jeans by each of them bearing the registered trademarks.

    On his part, Diaz denied any criminal liability. Diaz stated that he did not
    manufacture Levis jeans, and that he used the label LS Jeans Tailoring in
    the jeans that he made and sold; that the label LS Jeans Tailoring was
    registered with the Intellectual Property Office; that his shops received
    clothes for sewing or repair; that his shops offered made-to-order jeans, that
    the jeans he produced were easily recognizable because the label LS Jeans
    Tailoring, and the names of the customers were placed inside the pockets,
    and each of the jeans had an LSJT red tab; that LS stood for Latest
    Style; and that the leather patch on his jeans had two buffaloes, not two
    horses.

    Issue:
    Whether there exists a likelihood of confusion between the trademarks of
    Levis and Diaz.

    Held:
    The Court held, through the application of the holistic test, that there was no
    likelihood of confusion between the trademarks involved. Accordingly, the
    jeans trademarks of Levis Philippines and Diaz must be considered as a
    whole in determining the likelihood of confusion between them. The
    maongpants or jeans made and sold by Levis Philippines, which included
    LEVIS 501, were very popular in the Philippines. The consuming public knew
    that the original LEVIS 501 jeans were under a foreign brand and quite
    expensive. Such jeans could be purchased only in malls or boutiques as
    ready-to-wear items, and were not available in tailoring shops like those of
    Diazs as well as not acquired on a made-to-order basis. Under the
    circumstances, the consuming public could easily discern if the jeans were
    original or fake LEVIS 501, or were manufactured by other brands of jeans.
    23

    Diaz used the trademark LS JEANS TAILORING for the jeans he produced
    and sold in his tailoring shops. His trademark was visually and aurally
    different from the trademark LEVI STRAUSS & CO appearing on the patch
    of original jeans under the trademark LEVIS 501. The word LS could not be
    confused as a derivative from LEVI STRAUSS by virtue of the LS being
    connected to the word TAILORING, thereby openly suggesting that the
    jeans bearing the trademark LS JEANS TAILORINGcame or were bought
    from the tailoring shops of Diaz, not from the malls or boutiques selling
    original LEVIS 501 jeans to the consuming public.

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