International Order of Job’s Daughters v. Lindeburg & Co.
United States Court of Appeals for Ninth Circuit
633 F.2d 912 (1980)
- Written by Tom Syverson, JD
Facts
The International Order of Job’s Daughters (Job’s Daughters) (plaintiff) was a fraternal organization for young women. Since 1921, Job’s Daughters used an emblem as an unregistered collective mark. Job’s Daughters authorized one jeweler to create jewelry using the emblem, but many retailers sold jewelry bearing the emblem made by unauthorized jewelers. One of these jewelers, Lindeburg and Co. (defendant), asked Job’s Daughters to become an official jeweler in 1957. Job’s Daughters declined. Lindeburg continued the unauthorized use of the Job’s Daughters emblem. In 1975, Job’s Daughters sued Lindeburg for alleged infringement of Job’s Daughters’s common-law trademark rights. Job’s Daughters pleaded diversity jurisdiction and did not expressly state a Lanham Act claim but relied exclusively on federal trademark cases in its briefings. Applying federal law, the trial court entered judgment in favor of Job’s Daughters. Lindeburg appealed.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
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