We represented youth fashion retailer American Eagle Outfitters (AEO) in a trademark infringement and unfair competition matter. We filed suit in 2010 on behalf of AEO against a number of defendants who opened retail stores under the name AMERICAN EAGLE FURNITURE. The defendants asserted that there was no likelihood of confusion due to the obvious differences in the parties’ goods, customers and price points. Not only had AEO previously sold a variety of home furnishings, but we were also able to collect more than 100 instances of actual confusion. In December 2013, the court ruled in our favor on virtually every likelihood-of-confusion factor and every issue. It found that the defendants had infringed AEO’s mark; it cancelled defendants’ registration; and it rejected their defenses. The court further offered a number of findings that will prove helpful to AEO beyond this case—such as there is “evidence amply supporting the strength and fame of AE Outfitters’ mark.”

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Dan River, Inc. v. ALS Enterprises, Inc.
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