Levi's Wins New Look At Trademark Loss To A&F

Law360, New York (February 8, 2011, 7:16 PM EST) -- The Ninth Circuit has reversed a ruling that Abercrombie & Fitch Trading Co. did not dilute Levi Strauss & Co.’s trademarked Arcuate jean pocket design by using similar stitching on the back pockets of its jeans.

A three-judge panel in the U.S. Court of Appeals for the Ninth Circuit on Tuesday remanded the case for further consideration, ruling that the district court applied an incorrect legal standard in evaluating the dilution claim under the Trademark Dilution Revision Act of 2006.

The standard in question requires that...
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