Venancio Sambar V Levi Stauss Elements of Copyrightability
Venancio Sambar V Levi Stauss Elements of Copyrightability
Venancio Sambar V Levi Stauss Elements of Copyrightability
, LEVI STRAUSS
G.R. No. 132604 March 6, 2002
FACTS:
Private respondents alleged in their complaint that Levi Strauss and Co. (LS&Co.), an
internationally known clothing manufacturer, own the arcuate design trademark which
was registered under US Trademark Registration No. 404,248 on November 16, 1943.
That sometime in 1987, CVSGIC and Venancio Sambar, without the consent and
authority of private respondents and in infringement and unfair competition, sold and
advertised, and despite demands to cease and desist, continued to manufacture, sell
and advertise denim, pants under the brand name “Europress” with back pockets
bearing a design similar to the arcuate trademark of private respondents, thereby
causing confusion on the buying public, prejudiced to private respondent’s goodwill and
property right.
Sambar filed a separate answer. He admitted that copyright Registration No. 1-1998
was issued to him, but he denied using it. He said he did not authorize anyone to use
the copyrighted design.
Trial court issued a writ of preliminary injunction enjoining CVSGIC and petitioner from
manufacturing, advertising and selling pants with the arcuate design on their back
pockets.
ISSUE:
HELD: