From our private database of 22,300+ case briefs...
Downing v. Abercrombie & Fitch
United States Court of Appeals for the Ninth Circuit
265 F.3d 994 (2001)
Abercrombie & Fitch (Abercrombie) (defendant) used a surfing theme for one of its quarterly catalogs to promote its clothing line. Abercrombie purchased a 1965 photograph of celebrated surfer George Downing (plaintiff) from the photographer who took it. Downing brought suit for commercial misappropriation, violation of the Lanham Act, negligence, and defamation. In its defense, Abercrombie cited free speech, copyright protection, and nominative fair use. The district court found in favor of Abercrombie on all counts. Downing appealed. The United States Court of Appeals for the Ninth Circuit granted certiorari.
Rule of Law
Holding and Reasoning (Hug, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 518,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 518,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 22,300 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.