Levi Strauss and Company v. Fuller Longley and J. P. Browder, Jr.

This case has been duly considered on the oral arguments and briefs of the attorneys and upon the record in the case. The action, brought by Levi Strauss and Company, was for infringement of its registered trademark, stitched on the back pockets of western style overalls and jeans. The trademark has been termed an “arcuate” design.

The trial court described the trademark of appellant as consisting of two equal arcs, lying substantially horizontally across the rear pocket. The mark used by defendants, now appellees, is in general appearance similar to that of appellant, but differs in that it…