Fed. Circ. May Give Levi 2nd Shot In Abercrombie Stitch Fight

Law360, Washington (May 10, 2013, 4:31 PM EDT) -- A Federal Circuit panel on Friday considered reviving Levi Strauss' challenge to Abercrombie & Fitch's bid to register an allegedly infringing stitching design with the U.S. Patent and Trademark Office, saying a trademark board relied on improper evidence and reversed court decisions when it nixed Levi's case.

While the USPTO's Trademark Trial and Appeal Board determined Levi Strauss & Co.'s opposition was barred due to an earlier failed district court case against Abercrombie & Fitch Trading Co., the appellate judges noted that the majority of the...
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