What's a pocket stitch worth? Plenty, says San Fran-based blue jeansgiant Levi Strauss & Co. The iconic brand, recognized by the trademark "Arcuate" stitch that has adorned Levi's jeans since 1873, scored a legal victory this week in a dispute over New Albany-based Abercrombie & Fitch's ($ANF) mirror-image pocket stitch trademark filing.
The U.S. Court of Appeals for the Federal Circuit issued an opinion Tuesday in Levi Strauss & Co. v. Abercrombie & Fitch Trading Co., allowing Levi Strauss to reinstate a Patent and Trademark administrative challenge to A&F's 2005 mark application (U.S. Trademark Application No. 78766368).
Levi Strauss argued before the PTO Trademark Trial and Appeal Board that A&F's broad registration of the stitch-mark conflicts with Levi's own claim to the design, thereby diluting Levi Strauss brand recognition.
The decision reverses an earlier judgment in which the PTO board barred Levi's from challenging A&F's mark filing.