NAME
DATE
143
Make the Argument
In order for the judge or jury to render a decision, the following are some of the questions that
must be considered:
C
ASE: 18
You Be the Judge!
You Be the Judge!
1. Can the Abercrombie & Fitch catalog and its design within the catalog be considered "trade dress" as de ned
herein? Explain.
2. Is the catalog su ciently distinct from the Abercrombie & Fitch catalog in its design?
3. Is the American Eagle catalog so similar to Abercrombie & Fitch's, The Quarterly, that the catalogs will cause
confusion among members of the general public as to which products belong to which company? In other
words, are the catalogs confusingly similar? Explain.
For Evaluation Purposes Only