Today, I read an old article available at www.nytimes.com website (January 2007) about Levi’s actions connected with protection of a trade mark consisting of a design for pant’s pockets and I immediately recalled myself a judgment of the Distric Administratice Court in Warsaw of 22 February 2006. Act signature VI SA/Wa 805/05.
Contrasted trade marks that are meant as signs for clothes (among other things for pants) resemble to each other to the extent that it may lead into the confusion of a consumer as regard to origin of goods in the regular course of trade (as defined in the article 9 sec. 1 pt 1 and 2 of the Act of 31 January 1985 on Trademarks (Dziennik Ustaw No 5, pos. 17 with later changes) if both marks include horizontal seams crossing down the pocket which in its shapes reasemble seagull’s (eagle) wings and where such element is simultaneously predominant for both signs.