Levi’s Has Filed 2 New Lawsuits This Year to Protect Its Red Tab Trademark

Levi Strauss & Co. (Levi’s) filed two trademark infringement lawsuits this year involving its nearly 90-year-old tab trademark, which protects the iconic red label sewn into the back pocket of its jeans. The actions target Brazilian fashion brand Farm Rio and Australian label S/Double.

The lawsuits accuse both brands of using similar design elements which they feel may risk customer confusion and dilution to the Levi’s brand. The suits seek to stop the brands from using elements that look like the Levi’s tab as well as requests the defendants turn over the allegedly infringing products and associated materials.

On July 8, Levi’s filed its quarterly earnings report which shows a “Legal Settlement Gain” of $33 million during the first six months of 2026 ending May 31. It’s unclear which company or companies the sum may come from, however, a footnote says “during the six months ended May 31, 2026, the company recognized a gain related to a trademark infringement legal settlement.”

Finnegan partner Naresh Kilaru and head of the firm’s trademark practice told Modern Retail that it’s not uncommon for legacy brands like Levi’s to use trademark law to defend their designs. But it can be a challenge to enforce, which is partly why Levi’s has been fairly aggressive in enforcing its tab trademark.

“Those types of site identification trademarks are very difficult to enforce unless you do it regularly,” he said. “It’s been part of a broader enforcement program that Levi’s has had in place for decades to really make sure that it is the exclusive, or near-exclusive, user of that particular design, because once you allow one third-party to use a tab or don’t enforce against it, then that potentially opens the door for others to do it.”

From a more technical perspective, Naresh said part of the strength of Levi’s strategy is that the trademark covers any versions of tabs sewn into a seam that competitors may use. “It’s not limited to a rear pocket. It’s not limited to jeans. So they are able to claim this very broad set of rights.”

Though the vast majority of trademark cases settle before they wind up in trial, Naresh said that brands are increasingly thinking about what kind of intellectual property they can file for to ward off copycats or dupes.

“These types of trademarks have actually become more valuable, in a sense, than the normal word trademarks,” he said. “And they’re more difficult to establish because you have to put the marketing dollars into it, and it takes time to develop.”

Ultimately, “as a trademark owner, you just have to be very vigilant in policing these sorts of activities,” Naresh said.

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