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LEVI STRAUSS & CO. v. BLUE BELL, INC.

No. 78-3119.

632 F.2d 817 (1980)

LEVI STRAUSS & CO., Plaintiff/Appellee, v. BLUE BELL, INC., Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1980.

Attorney(s) appearing for the Case

Philip F. Zeidman, Brownstein, Zeidman & Schomer, Washington, D.C., on brief; Donald A. Kaul, Washington, D.C., for defendant/appellant.

John P. Sutton, Neil A. Smith, San Francisco, Cal., on brief; M. Laurence Popofsky, San Francisco, Cal., for plaintiff/appellee.

Before MARKEY, Chief Judge, United States Court of Customs and Patent Appeals, GOODWIN and BOOCHEVER, Circuit Judges.

MARKEY, Chief Judge.

Blue Bell, Inc. (Wrangler) appeals from a final judgment of the District Court for the Northern District of California in this suit for trademark infringement and unfair competition brought by Levi Strauss & Co. (Strauss). We affirm.

Background

In 1936, Chris Lucier, a Strauss employee, conceived the idea of a permanent identifier for pants, visible while the pants were being worn. The permanent identifier was a folded...

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