138
C
ASE: 18
BACKGROUND
· The following case focuses on two very well-known clothiers: Abercrombie & Fitch and American
Eagle. Abercrombie & Fitch is an old established company stemming back over 100 years, and
American Eagle is a relatively new company that began doing business in 1994.
· Abercrombie & Fitch claimed that American Eagle intentionally infringed on its trademark by
copying, among other things, its designs of certain articles of clothing, in-store advertising
displays, and its catalog. We will be focusing on the catalog portion of this case--which will be
known as trade dress.
· Abercrombie & Fitch believed that American Eagle was trying to take advantage of its long-
standing name and advertising dollars to confuse consumers into purchasing American Eagle
products over Abercrombie & Fitch products.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Abercrombie & Fitch Stores, Inc.
v. American Eagle Outfitters
Trademark Infringement and Trade Dress Protections
What is an intentional tort?
An intentional tort describes a civil action
resulting from an intentional and wrongful act
on the part of the Defendant against another,
such as intentionally stealing another person's
or company's trademark.
What is a trademark?
A trademark is a unique word, phrase, or
symbol that distinguishes a company.
The essential function of a trademark is to
exclusively identify the commercial source
or origin of products--in other words, the
manufacturer--like the Nike "swoosh" symbol.
What is trademark infringement?
Trademark infringement occurs when a
party uses another's trademark without the
authorization of the owner. If the respective
marks or products are not identical, the courts
will assess the similarity based upon the
"likelihood of confusion" by consumers as to
the origination (owner) of the products or
services.
What is trade dress?
Trade dress refers to characteristics of
the visual appearance of a product or its
packaging that may be registered and
protected from being used by competitors
in the manner of a trademark. These
characteristics involve the total image of a
product and may include features such as size,
shape, color combinations, textures, graphics,
or even a particular sales technique.
For Evaluation Purposes Only