Levi Strauss & Co. v. Genesco, Inc.

742 F.2d 1401 (1984)

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Levi Strauss & Co. v. Genesco, Inc.

United States Court of Appeals for the Federal Circuit
742 F.2d 1401 (1984)

Facts

Levi Strauss & Co. (Levi) (defendant) sought trademark registration for a tab visibly protruding from a shoe seam. After the mark was published for opposition, Genesco, Inc. (plaintiff) filed an opposition. Relying on plentiful evidence that the use of tabs on shoes by others was too common for Levi’s tab to be distinctive, Genesco filed a motion for summary judgment. Subsequently, Levi filed a memo asserting there were many material issues of fact and identifying eight such issues. Levi did not submit sworn statements regarding these issues. The Trademark Trial and Appeal Board (the board) found that: (1) Genesco showed via cumulative evidence that the use of shoe tabs by others was too widespread for Levi’s shoe tab to be distinctive; and (2) Levi failed to raise an issue of material fact in relation to Genesco’s showing. The board granted summary judgment to Genesco, and Levi appealed.

Rule of Law

Issue

Holding and Reasoning (Markey, C.J.)

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