Jordache Enterprises, Inc. v. Hogg Wyld, Ltd.
United States Court of Appeals for the Tenth Circuit
828 F.2d 1482 (10th Cir. 1987)
Jordache (plaintiff) was one of the largest blue-jeans manufacturers in the United States. Jordache owned several registered trademarks, including the name Jordache. Two common ways Jordache used the mark on its product included: (1) the word Jordache in script and (2) the word Jordache in block letters superimposed over a horse head. Hogg Wyld (defendant) was formed to market jeans to larger women. Hogg Wyld decided to name its jeans “Lardashe,” as a play on the word “lardass,” one of its founder’s childhood nicknames. Hogg Wyld’s product was marked with the word Lardashe and a smiling pig on the seat of the pants. Jordache sued Hogg Wyld, alleging trademark infringement in violation of the Lanham Act, 15 U.S.C. §§ 1051-1127. Jordache also alleged trademark dilution in violation of state law. The district court ruled against Jordache, finding no likelihood of confusion between the Jordache and Lardashe trademarks. Jordache appealed.
Rule of Law
Holding and Reasoning (Tacha, J.)
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