Amicus Brief

Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.

Published: November 19, 2009

Court

U.S. Court of Appeals for the Ninth Circuit

Our Position

Under the U.S. Trademark Dilution Revision Act, the “degree of similarity” of two marks should be weighed along with the five other statutory blurring factors to determine whether there is a likelihood of dilution by blurring.

Outcome

Agreeing with INTA’s amicus brief, the court ruled that trademarks do not have to be “identical or nearly identical” in order to support a finding of likelihood of dilution by blurring; instead, courts should consider the “degree of similarity,” along with the other statutory factors, in deciding whether a challenged use is likely to blur a famous trademark.

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