From our private database of 37,200+ case briefs...
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.
United States Court of Appeals for the Ninth Circuit
633 F.3d 1158 (2011)
Levi Strauss & Co. (Levi) (plaintiff), a blue-jeans manufacturer, held a federally registered trademark for the famous Arcuate stitching design on its jeans’ back pockets. The Arcuate design consisted of two arches that met in the center of the pocket. The vast majority of Levi’s revenue came from garments bearing the Arcuate mark. Levi actively enforced its trademark rights in the Arcuate stitching design. Abercrombie & Fitch Trading Co. (Abercrombie) (defendant), a competing blue-jeans manufacturer, began to use a Ruehl stitching design on the back pockets of its jeans. The Ruehl stitching design included two arches connected by a dipsy-doodle that looked like an infinity symbol. The Ruehl stitching design arches were less-pronounced than the arches in Levi’s Arcuate stitching design. Levi brought an action against Abercrombie for a violation of the Trademark Dilution Revision Act (TDRA). Levi’s expert witness testified that the Ruehl design would erode the distinctiveness of Levi’s famous Arcuate mark, according to a consumer-confusion survey the expert conducted. Abercrombie’s expert witness argued that the consumer-confusion survey’s methodology was flawed. The district court requested advisory rulings from the jury regarding Levi’s trademark-dilution claim under the TDRA. The jury ruled that the marks were not identical or nearly identical. The jury ruled that Levi’s famous Arcuate trademark was not likely to be diluted by Abercrombie’s Ruehl stitching design. The district court agreed with the jury’s advisory ruling that Levi did not establish that the Ruehl design was likely to cause dilution by blurring the Arcuate mark. The district court entered judgment for Abercrombie.
Rule of Law
Holding and Reasoning (Ripple, 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 630,000 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 630,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,200 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.