A jury of 10 men was charged with the solemn duty of deciding whether the design on the back pocket of Abercrombie & Fitch women’s jeans infringed on Levi’s arcuate stitching trademark.
No doubt being experts on such, ahem, sights, the men of the jury deliberated for three hours Monday and found that they weren’t confused by the back-pocket patterns, handing Levi’s a loss in its native San Francisco.
“They had it factored that ‘we’re in the Bay Area, we’re on our home turf,’” said K&L Gates IP lawyer Mike Bettinger, who tried the case for Abercrombie. “But we tried a smart case.”
Levi’s was represented by Townsend and Townsend and Crew. We’re assuming, naturally, that the Townsend crew was clad entirely in stone-washed denim, and that the Gates team was shirtless throughout the trial. Come on, Mike Bettinger, tell us at least the denim part is true …
"No,” he replied, “but there were plenty of jeans that were put into evidence."
— Zusha Elinson
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