Fed. Circ. Gives Levi 2nd Shot To Nix Abercrombie Mark

Law360, New York (June 18, 2013, 3:59 PM EDT) -- The Federal Circuit on Tuesday revived Levi Strauss & Co.'s challenge to an Abercrombie & Fitch Trading Co. stitch design trademark at the U.S. Patent and Trademark Office, reversing the office's ruling that an earlier district court case barred Levi's challenge.

The USPTO wrongly held that Levi's loss in a district court case claiming that Abercrombie's design infringed its own stitch trademark precluded it from trying to cancel Abercrombie's mark at the patent office, the court ruled.

"Ultimately because the registrations at issue in the [patent...
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