International Order of Job's Daughters v. Lindeburg and Company

Appellee, the International Order of the Daughters of Job (Job’s Daughters), sued appellant Lindeburg and Co. (Lindeburg), for trademark infringement arising out of Lindeburg’s manufacture and sale of jewelry bearing the Job’s Daughters insignia. The district judge granted judgment for Job’s Daughters. Lindeburg appeals, invoking appellate jurisdiction under 28 U.S.C. § 1291 . We reverse and remand.

Job’s Daughters is a young women’s fraternal organization. Since its establishment in 1921 it has used its name and emblem as collective marks. Since its inception Job’s Daughters has licensed at least one jeweler to produce jewelry for it. Job’s Daughters sells some of the licensed jewelry directly to its members. Jewelry bearing the name or emblem is also sold by approximately 31,000 retailers across the nation. Most of these retailers presumably have no connection with the Job’s Daughters organization. Some sell jewelry manufactured by Job’s Daughters’ licensees; others sell jewelry manufactured by jewfelers not licensed by the organization.

Lindeburg makes and sells fraternal jewelry. In 1954 it began selling jewelry and related items bearing the Job’s Daughters insignia. In 1957…