Monday, January 6, 2014

Jordache Enterprises, Inc. v. Levi Strauss Co. case brief

Jordache Enterprises, Inc. v. Levi Strauss Co. case brief summary
841 F. Supp. 506 (1993)

CASE SYNOPSIS
Plaintiff brought an action seeking an order declaring that its use of a trademark was not likely to cause the public to be confused and that such use therefore did not infringe any rights defendant may have in the mark under §§ 32(1) and 43(a) of the Federal Trademark Act, 15 U.S.C.S. §§ 1114(1), 1125(a). The parties each moved for summary judgment.

CASE FACTS
In an action involving two nationally known manufacturers and distributors of jeans and jeans apparel, plaintiff filed a motion for summary judgment against defendant pertaining to various claims made under federal and state trademark laws. Defendant filed a cross-motion for summary judgment.

DISCUSSION

  • The court denied the motions of both parties, holding, in part, that genuine issues of material fact existed with respect to the trademark in issue. 
  • Moreover, the court held that defendant's preliminary injunction was not warranted on the basis that no irreparable injury had been established.

CONCLUSION
The motions were denied because genuine issues of material fact existed with respect to the potential likelihood of confusion of the subject mark; thus, summary judgment was not appropriate.

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