Fresh out of the 9th Circuit, the case is Levi Strauss & Company v. Abercrombie & Fitch. Levi and Abercrombie, both lead contenders in the “stiched jean” world fought over a back-pocket design.
Levi argued its sticked-design was a trademark and that Abercrombie’s (junior user) back-stich infringed and/or diluted Levi’s mark. In sum, under a Federal Dilution claim, following the 2006 revision, a party need not prove that the junior user’s mark is “identical or nearly identical” but rather:
” a plaintiff must show, based on the factors set forth in § 1125(c)(2)(B), including the degree of similarity, that a junior mark is likely to impair the distinctiveness of the famous mark.”
Below is the opinion, enjoy!