Tony Duquette was an interior designer in the 1950’s whose signature them for wallpaper, carpets and other design elements was leopard. The company of the same name has sued J. Crew for naming one of its sweaters the “Duquette Leopard Print Sweater.” The company alleges that J. Crew “knowingly and willfully used the Duquette trademark without permission or license in connection with the leopard print.” Tony Duquette, Inc. (“Duquette”) does own [...]
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Prior to the Ninth Circuit’s decision in Levi Strauss & Co. v. Abercrombie & Fitch Trading Company, for trademark dilution to exist, the allegedly infringing mark was required to have been “identical or nearly identical” to the plaintiff’s famous mark. The Ninth Circuit noted that the new Federal Trademark Dilution Act (FTDA) had removed the “identical or nearly identical” standard and replaced it with a new “dilution by blurring” standard, a [...]
