CASE TITLE: VENANCIO SAMBAR, doing business under the name and style of CVS Garment

Enterprise, Petitioner, v. LEVI STRAUSS & CO., and LEVI STRAUSS (PHIL.), INC., Respondents.

CITATION: G.R. No. 132604 March 6, 2002.

PONENTE: QUISUMBING, J.

Facts:

Private respondent Levi Strauss demanded petitioner to refrain from using their stitched arcuate design
on the Europress jeans which CVS Garment Enterprises (CVSGE) advertised in the Manila Bulletin.

Private respondent then filed a complaint against petitioner for using the arcuate design without their
consent and authority, and in infringement and unfair competition. Despite demands to cease and
desist, petitioner 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 that caused confusion to the buyers which is prejudicial to private respondent’s property
right.

Petitioner admitted that they are still manufacturing and selling the denim pants under the brand name
of Europress with a back pocket design of two double arcs meeting in the middle. However, petitioner
denied that there was no infringement or unfair competition since the display rooms of the department
stores were segregated by billboards. And that the arcuate design they have was original as proven by
their copyright registration.

The Trial Court rendered the judgment in favor of private respondent. The Court of Appeals affirmed
the lower court’s decision in toto.

Issue: Whether or not there was an infringement on Levi Strauss arcuate design

Rule:

The Court ruled that Europress’ use of the arcuate design was an infringement of the Levi’s design.
Private respondent contends that it does not need to be exactly similar for it to be considered as
infringement of trademark. If any mark which resembles a registered mark and most likely to cause
confusion or mistake is sufficient enough for a trademark to be infringed.

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.