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LEVI STRAUSS & CO. v. ABERCROMBIE & FITCH TRADING

No. 09-16322.

633 F.3d 1158 (2011)

LEVI STRAUSS & COMPANY, Plaintiff-Appellant v. ABERCROMBIE & FITCH TRADING COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2011.

Attorney(s) appearing for the Case

Gregory S. Gilchrist , Townsend & Townsend & Crew, San Francisco, CA, for the plaintiff-appellant.

J. Michael Keyes , K & L Gates, Spokane, WA, for the defendant-appellee.

David H. Bernstein , Debevoise & Plimpton, New York, NY, for amicus curiae International Trademark Association.

Before: KENNETH F. RIPPLE, Senior Circuit Judge, PAMELA ANN RYMER and RAYMOND C. FISHER, Circuit Judges.

OPINION

RIPPLE, Senior Circuit Judge:

Levi Strauss & Co. ("Levi Strauss") seeks review of a district court judgment that Abercrombie & Fitch Trading Co. ("Abercrombie") did not dilute Levi Strauss's trademarked "Arcuate" design in violation of the Trademark Dilution Revision Act of 2006 ("TDRA"), 15 U.S.C. § 1125(c). Levi Strauss maintains that the district court applied an incorrect legal standard in evaluating its dilution claim, namely that...

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