Facts

Levi Strauss & Co. owned a trademark registration for a design used on its jeans named, "Arcuate Stitching Design Trademark." Levi Strauss brought an action against Abercrombie & Fitch Trading Co. for trademark infringement, unfair competition, and trade dilution due to a jeans pocket stitching design used by Abercrombie on jeans called Ruehl 925.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that Abercrombie & Fitch had infringed Levi Strauss's trademark when Abercrombie used stitching in the shape of two arcs on its jeans. Further, Levi Strauss asserted that its mark was famous and likely would be diluted by Abercrombie's design.

DEFENDANT'S CONTENTIONS:
Abercrombie asserted that its pocket stitching design was not infringing and that plaintiff's "consumer recognition surveys" were faulty. Furthermore, Abercrombie challenged the strength of Levi's trademark.

Result

A jury returned a verdict in favor of Abercrombie on Levi Strauss & Co.'s infringement claims. It found that the Levi Strauss mark was famous but was not likely diluted by Abercrombie's design. The court must ultimately decide the dilution claim.

Deliberation

three hours

Length

13 days