Shilon
Levi Strauss & Co. v. Shilon
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…