A Tel Aviv judge has now ruled that the Israeli customs were mistaken in accusing the manufacturer of illegal storage and destruction of counterfeit jeans that they themselves had seized.
Namely, the customs officers found that according to law, Levi Strauss and Co had the right to hold the counterfeit goods for three days, after which time they should have turned the goods over to the customs, paying a deposit to cover their future actions.The judge found, however, that the trademark owner does not have to bear the costs if they are, in fact, the injured party.The costs should be incurred first and foremost by the importer.The judge also found that although Levi Strauss and Co had violated legal procedures, the trademark owner was not obligated to cooperate with the customs in order to protect their rights.The judge also stated that if it had been found that the goods in question were not counterfeit, the manufacturers of the jeans could have been billed post-factum.
Levi Strauss and Co were paid an $ 27 500 indemnity; moreover, they did not have to cover the legal costs.
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