Levi Pockets a Favorable Court of Appeals Decision

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Dusting off the archives, you may remember a 2009 blog post by Tiffany about a trademark infringement lawsuit initiated by Levi Strauss against Abercrombie & Fitch over the back pocket design on the respective parties’ jeans.

In that case the jury determined that the pocket designs, shown below, were not confusingly similar; thus, no trademark infringement.

Making news once again, yesterday the 9th Circuit Court of Appeals overturned the lower court's verdict, holding the incorrect standard was applied (the test is not if the designs are identical or near identical, rather the test should have been whether Abercrombie’s design blurred the distinctiveness of Levi’s design.) So look for a new trial on this matter soon.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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