Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-Appellee

In arriving at the conclusion that the Lois arcuate is likely to cause confusion among potential consumers, the district court resolved various issues of material fact presented by the cross-motions for summary judgment. When a party moves for summary judgment, however, “the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., — U.S. —, —, 106 S.Ct. 2505, —, 91 L.Ed.2d 202 (1986). Because I am of the opinion that the district judge improperly undertook to…