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ABERCROMBIE & FITCH v. AMERICAN EAGLE OUTFITTERS

No. 99-4240.

280 F.3d 619 (2002)

ABERCROMBIE & FITCH STORES, INC., Plaintiff-Appellant, v. AMERICAN EAGLE OUTFITTERS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 15, 2002.

Attorney(s) appearing for the Case

Melvin D. Weinstein (briefed), Kegler, Brown, Hill & Ritter, Columbus, Ohio, Frank J. Colucci (argued and briefed), Colucci & Umans, New York, New York, for Plaintiff-Appellant.

Robert G. Sugarman (argued and briefed), Lynda M. Braun (briefed), Weil, Gotshal & Manges, New York, New York, Joel Robert Chambers, Wood, Herron & Evans, Cincinnati, OH, for Defendant-Appellee.

Before JONES, BOGGS, and SILER, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

This case pits an old hand at trademark law against the new kid on the block: Abercrombie & Fitch sued American Eagle Outfitters to stop American Eagle from infringing what A & F describes as its unregistered "trade dress," made protectable by Section 43(a) of the Lanham Act. A & F claimed that AE impermissibly copied the designs of certain articles of clothing, in-store advertising displays, and a catalog. The district...

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