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FRUIT OF THE LOOM, INC. v. GIROUARD

No. 91-56338.

994 F.2d 1359 (1993)

FRUIT OF THE LOOM, INC., Plaintiff-Appellant, v. Ken GIROUARD, d/b/a Two Left Feet, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1993.

Attorney(s) appearing for the Case

Floyd A. Mandell, Anthony J. McShane, Kattan Muchin & Zavis, Chicago, IL, for plaintiff-appellant.

Roy G. Weatherup, Haight, Brown & Bonesteel, Santa Monica, CA, for defendant-appellee.

Before: NOONAN and LEAVY, Circuit Judges, and TANNER, District Judge.

NOONAN, Circuit Judge:

Fruit of the Loom, Inc. (FOL) brought suit against Ken Girouard, d/b/a Two Left Feet (TLF), contending that TLF had infringed its trademarks in violation of the Lanham Act, 15 U.S.C. § 1114(1); had used marks falsely indicating the origin of its goods in violation of 15 U.S.C. § 1125(a); was engaged in unfair competition with FOL in violation of California Bus. & Prof.Code, § 17200, et seq.; and had diluted FOL's marks...

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