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Abercrombie & Fitch, Inc. v. American Eagle Outfitters, Inc.

In case alleging infringement of unregistered "trade dress," summary judgment in favor of defendant affirmed because clothing designs on which plaintiff sought a monopoly were functional as a matter of law and, therefore, not protectable as trade dress; although plaintiff's catalog constituted non-functional distinctive trade dress, defendant's catalog was not confusingly similar to it.

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The full case caption appears at the end of this opinion.

BOGGS, Circuit Judge. This case pits an old hand at trademark law against the new kid on the block: Abercrombie & Fitch sued American Eagle Outfitters to stop American Eagle from infringing what A&F describes as its unregistered “trade dress,” made protectable by Section 43(a) of the Lanham Act. A&F claimed that AE impermissibly copied the designs of certain articles of clothing, in-store advertising displays, and a catalog. The district court granted summary judgment in favor of American Eagle, reasoning that Abercrombie & Fitch had sought protection for something that did not constitute trade dress at all. Abercrombie timely appealed. Today “we relieve A&F of some of its unhappiness but not of all.” Abercrombie & Fitch Co. v. Hunting World, Inc., 537 F.2d 4, 7 (2d Cir. 1976). We affirm the judgment of the district court, albeit for different reasons: the clothing designs A&F seeks a monopoly on are functional as a matter of law, and therefore not protectable as trade dress; the A&F Quarterly constitutes non-functional distinctive trade dress, but the American Eagle catalog is not confusingly similar to it, as a matter of law.

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