Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.

MEMORANDUM AND ORDER

HOLSCHUH, District Judge.

This action was filed by Abercrombie & Fitch Stores, Inc. (“A & F”) against American Eagle Outfitters, Inc. (“American Eagle”) asserting claims under the Lanham Act, 15 U.S.C. § 1125(a), the Ohio Deceptive Trade Practices Act, and the common law of trade dress infringement and unfair competition. A & F claims that the way in which American Eagle has chosen to market its goods, which are similar to goods sold by A & F, deliberately copies A & F’s promotional and marketing materials and therefore infringes upon A & F’s rights in its marketing…