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LEVI STRAUSS AND COMPANY v. LONGLEY

No. 13805.

272 F.2d 820 (1959)

LEVI STRAUSS AND COMPANY, Appellant, v. Fuller LONGLEY and J. P. Browder, Jr., et al., Appellees.

United States Court of Appeals Sixth Circuit.

December 19, 1959.

Attorney(s) appearing for the Case

Gordon Wood, of Boyken, Mohler & Wood, San Francisco, Cal., Albert L. Hodge of Chambliss, Chambliss & Wood, Chattanooga, Tenn., on the brief, for appellant.

Paul Campbell, Sr., Chattanooga, Tenn., Campbell & Campbell, Chattanooga, Tenn., on the brief, for appellees.

Before MARTIN, MILLER and CECIL, Circuit Judges.

PER CURIAM.

This case has been duly considered on the oral arguments and briefs of the attorneys and upon the record in the case. The action, brought by Levi Strauss and Company, was for infringement of its registered trademark, stitched on the back pockets of western style overalls and jeans. The trademark has been termed an "arcuate" design.

The trial court described the trademark of appellant as consisting of two equal arcs, lying substantially horizontally...

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