Sports Authority, Inc. v. Abercrombie & Fitch, Inc.

MEMORANDUM AND ORDER

COHN, District Judge.

I. Introduction

This is a trademark infringement case under the Lanham Act, 15 U.S.C. § 1114. Plaintiff The Sports Authority, Inc., and its subsidiary Intelligent Sports, Inc. (collectively “TSA”) are suing defendant Abercrombie & Fitch, Inc. — as well as The Limited, Inc., and Mast Industries — claiming Abercrombie & Fitch infringes a TSA trademark by using the word “authority” on hangtags, labels, and logos. Abercrombie & Fitch has moved for summary judgment, chiefly arguing that it uses the word “authority” in a descriptive sense and, in the…