Shilon

Levi Strauss & Co. v. Shilon

Good Law
121 F.3d 1309·97 Daily Journal DAR 10121·1997 WL 434611·43 U.S.P.Q. 2d (BNA) 1616·1997 U.S. App. LEXIS 20507
United States Court of Appeals for the Ninth CircuitAugust 5, 1997Nos. 96-55256, 96-55367California2,345 words

Opinion

Lead Opinion

Fletcher, J.

After conducting a private undercover investigation, Levi Strauss and Company brought this action against Avner Shilon for: (1) offering to sell and producing counterfeit goods under section 32 of the Lanham Act, 15 U.S.C. § 1114 ; (2) unfair competition under section 43 of the Lanham Act, 15 U.S.C. § 1125 ; and (3) unfair competition and trademark dilution under California law. Cal. Bus. & Prof.Code §§ 14320, 14330 & 17200.

The district court granted partial summary judgment to Levi Strauss on the question of whether Shilon offered to sell counterfeit labels and jeans. After a bench trial, the district court rejected Shilon’s affirmative defenses, enjoined Shilon from further dealings in Levi Strauss products, and awarded Levi Strauss a portion of its attorney’s fees and investigation costs. 1 Shilon timely appeals each of these rulings. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

BACKGROUND

During an undercover investigation initiated by Levi Strauss & Company, Avner Shilon, a Los Angeles clothing manufacturer, offered to sell 10,000 sets of counterfeit Levi Strauss labels and tags and 10,000 pairs of “blank” counterfeit Levi’s jeans 2 to Carlos Fernandez, a…

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