Fruit of the Loom, Inc. v. Ken Girouard, D/B/A Two Left Feet
Opinion
Opinion
Noonan, J.
Fruit of the Loom, Inc. (FOL) brought suit against Ken Girouard, d/b/a Two Left Feet (TLF), contending that TLF had infringed its trademarks in violation of the Lanham Act, 15 U.S.C. 8 1114(1); had used marks falsely indicating the origin of its goods in violation of 15 U.S.C. § 1125 (a); was engaged in unfair competition with FOL in violation of California Bus. & Prof.Code, § 17200, et seq.; and had diluted FOL’s marks in violation of Cal.Bus. & Prof.Code, § 14330.
After a bench trial on September 6, 1991 the district court found for the defendant. FOL appeals. We affirm.
BACKGROUND
FOL is the owner of the trademark “FRUIT Of The LOOM,” first registered by B.B. & R. Knight, Inc. in 1871 with the United States Patent Office and again on November 29, 1922 and transferred after that company’s bankruptcy to B.B. & R. Knight Corporation on September 27, 1926 and thereafter on April 13, 1962 assigned to FOL. This mark is registered as applied to “men’s and boys’ dress and negligee shirts; boys’ blouses; kitchenette aprons; women’s and children’s textile underwear and pyjamas for men, women, boys and girls.” FOL is also the owner of a trademark registered on June 2, 1959 for FRUIT Of…