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Lois Sportswear, U.S.A., Inc. and Textiles Y Confecciones Europeas, S.A. (collectively "appellants") appeal from a summary judgment entered September 30, 1985 in the Southern District of New York, Robert W. Sweet, District Judge, enjoining appellants from using a back pocket stitching pattern similar to the trademark jean back pocket stitching pattern of Levi Strauss & Company ("appellee") on appellants' jeans. The question presented by this appeal is whether summary judgment for the trademark owner is appropriate on claims of trademark infringement and unfair competition when the trademark owner has shown that a rival jeans manufacturer is using the trademark owner's registered back pocket stitching pattern trademark on its competing jeans, and the undisputed evidence shows that the trademark is intimately associated with the trademark owner's products in the minds of jeans consumers. We answer this question in the affirmative and affirm the judgment of the district court.


799 F.2d 867 (1986) LOIS SPORTSWEAR, U.S.A., INC., Plaintiff-Appellant, and Textiles Y Confecciones Europeas, S.A., Defendant-Appellant, v. LEVI STRAUSS & COMPANY, Defendant-Plaintiff-Appellee. No. 880, Dockets 85-7880, 85-7976. United States Court of Appeals, Second Circuit.

Argued March 19, 1986. Decided August 27, 1986.

New York Law School location: File #124, Box #31