Levi Strauss & Co. v. GTFM, Inc.
Opinion
Opinion
Hamilton, J.
ORDER RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON COUNTERCLAIMS
The motion of plaintiff and counterde-fendant Levi Strauss & Co. for summary judgment on the counterclaims alleged by defendant and counterclaimant GTFM, Inc., came on for hearing on March 27, 2002, before this court, the Honorable Phyllis J. Hamilton presiding. Plaintiff appeared by its counsel Timothy R. Cahn, and defendant appeared by its counsel Lawrence G. Townsend. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby'GRANTS the motion for the following reasons.
INTRODUCTION
This is a case alleging trademark infringement and trademark dilution, in violation of federal law. Both plaintiff Levi Strauss & Co. (“Levi”) and defendant GTFM, Inc. (“GTFM”) manufacture and sell clothing, including jeans and shirts. GTFM manufactures and sells jeans under the FUBU brand. The FUBU jeans have rear patch pockets and a tab attached to one of the rear pockets at the lower left seam. GTFM also manufactures and sells shirts with patch pockets on the upper front of the shirt, with a tab attached to the left side seam of one of the…