David Lilenfeld Blog The intellectual property blog of David Lilenfeld

9Feb/11671

Ninth Circuit Reinstates Levi’s Trademark Suit Against Abercrombie & Fitch.

By David Lilenfeld on February 9, 2011

The Ninth Circuit no longer requires that marks be identical or nearly identical for federal dilution claim.  Here is the opinion.

Levi Strauss & Co. filed a federal trademark dilution claim against Abercrombie & Fitch for infringing Levi’s back pocket stitch design for Levi jeans.  The case made it to a jury trial during which the trial court (Northern District of California) asked the jury to make advisory rulings on fact issues, including whether the two designs were “identical or nearly identical.”  The jury answered that they were neither, from which the District Court entered judgment in A&F’s favor on the dilution claim.  Levi appealed.

The Ninth Circuit observed that the “identical or nearly identical” standard has origins in state law and was incongruous with the federal Trademark Dilution Revision Act’s (15 U.S.C. § 1125(c)) scheme.  The TDRA allows for relief when there is similarity between defendant’s mark and plaintiff’s famous mark which impairs the distinctiveness of the famous mark.  Given that, the Court ruled that all three previously used dilution standards – identicalness, near identicalness and substantial similarity – were too strenuous under TDRA.

Now, at least in the Ninth Circuit, a TDRA plaintiff must only show that the marks are similar and that the junior mark is likely to impair the distinctiveness of the famous mark.

Filed under: Q&A Leave a comment
Comments (671) Trackbacks (0)
  1. Saved as a favorite, I really like your site!

  2. fantastic issues altogether, you just gained a new reader.
    What would you recommend in regards to your post that you simply made some days ago?

    Any sure?

  3. This design is wicked! You obviously know how to keep a reader amused.
    Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job.
    I really loved what you had to say, and more than that, how you presented it.
    Too cool!

  4. Why people still use to read news papers when in this technological world the whole thing is accessible on net?

  5. Sweet blog! I found it while surfing around on Yahoo News.

    Do you have any tips on how to get listed in Yahoo News?
    I’ve been trying for a while but I never
    seem to get there! Appreciate it

  6. I think that what you published was actually very logical.
    However, what about this? suppose you typed a catchier post title?
    I ain’t saying your content isn’t good., but what if you added a title to possibly get people’s attention? I mean Ninth Circuit Reinstates Levi’s Trademark Suit Against
    Abercrombie & Fitch. « David Lilenfeld Blog is a little boring.
    You might look at Yahoo’s home page and see how they create article
    titles to grab viewers to click. You might try adding a video or a picture or
    two to grab people excited about what you’ve written. Just my opinion, it would make your
    blog a little bit more interesting.

  7. Hey, I think your site might be having browser compatibility issues.
    When I look at your blog in Firefox, it looks fine but when opening in Internet Explorer, it has some overlapping.
    I just wanted to give you a quick heads up! Other then that, terrific blog!

  8. Excellent goods from you, man. I have understand your stuff previous to and you’re just extremely magnificent.
    I actually like what you’ve acquired here, certainly
    like what you’re saying and the way in which you say it.
    You make it enjoyable and you still take care of to keep it sensible.

    I cant wait to read much more from you. This is really a tremendous web site.

  9. I do trust all the concepts you’ve presented on your post.
    They’re really convincing and will certainly work.
    Nonetheless, the posts are very quick for novices. Could you
    please prolong them a bit from subsequent time?

    Thank you for the post.

  10. Wonderful blog! I found it while browsing on Yahoo News.
    Do you have any tips on how to get listed in Yahoo News?
    I’ve been trying for a while but I never seem to get there!
    Thanks

  11. continuously i used to read smaller content which
    as well clear their motive, and that is also happening with this article which I am
    reading here.

  12. hey there and thank you for your information – I’ve certainly picked
    up something new from right here. I did however expertise some technical issues using this site, as I experienced to reload the site a lot of times previous to I could get
    it to load properly. I had been wondering
    if your hosting is OK? Not that I’m complaining, but sluggish loading
    instances times will often affect your placement in google
    and could damage your quality score if advertising and marketing with Adwords.
    Anyway I am adding this RSS to my e-mail and can look
    out for much more of your respective interesting content. Ensure
    that you update this again soon.

  13. I like the valuable info you provide in your articles. I
    will bookmark your blog and check again here regularly.
    I’m quite certain I will learn many new stuff right here!
    Good luck for the next!

  14. When some one searches for his vital thing, therefore he/she
    desires to be available that in detail, therefore that thing is
    maintained over here.

  15. Excellent post. I was checking continuously this blog and I am impressed!
    Extremely helpful information specially the last part :) I care for such information a lot.
    I was looking for this particular info for a very long time.
    Thank you and best of luck.

  16. This is my first time pay a quick visit at here and i am genuinely impressed
    to read everthing at one place.

  17. Hey just wanted to give you a quick heads up.
    The text in your article seem to be running off the screen in Ie.
    I’m not sure if this is a format issue or something to
    do with browser compatibility but I figured I’d post to let you
    know. The design look great though! Hope you get the issue fixed soon. Kudos

  18. Good blog post. I definitely love this site. Keep
    it up!

  19. Thank you for the good writeup. It in reality used to be a amusement account it.

    Glance advanced to more introduced agreeable from you!

    However, how can we communicate?

  20. I think the admin of this web page is in fact working hard in favor of his website, since here every data is quality based information.

  21. What i do not understood is actually how you are now not really much more neatly-preferred than you might be now.
    You’re so intelligent. You recognize thus significantly
    in relation to this matter, made me individually believe it from numerous various angles.
    Its like men and women are not interested unless it is
    something to do with Girl gaga! Your personal stuffs outstanding.
    At all times handle it up!


Leave a comment


*

No trackbacks yet.


Go to top ↑
-->