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ABERCROMBIE & FITCH STORES, INC. v. AMERICAN EAGLE OUTFITTERS

No. C2-98-569.

130 F.Supp.2d 928 (1999)

ABERCROMBIE & FITCH STORES, INC., Plaintiff, v. AMERICAN EAGLE OUTFITTERS, INC., Defendant.

United States District Court, S.D. Ohio, Eastern Division.

July 12, 1999.

Attorney(s) appearing for the Case

Frank J. Colucci, Richard Jacobson, Courtney Monahan, W. Brant Mossop, Colucci & Umans, New York, NY, Melvin Donald Weinstein, Kegler Brown Hill & Ritter, Columbus, OH, for Plaintiffs.

Lynda M. Braun, Robert S. Sugarman, Weill, Gotshal & Manges, New York, NY, Joel Robert Chambers, Wood, Herron & Evans, Cincinnati, OH, for Defendants.

MEMORANDUM AND ORDER

HOLSCHUH, District Judge.

This action was filed by Abercrombie & Fitch Stores, Inc. ("A & F") against American Eagle Outfitters, Inc. ("American Eagle") asserting claims under the Lanham Act, 15 U.S.C. § 1125(a), the Ohio Deceptive Trade Practices Act, and the common law of trade dress infringement and unfair competition. A & F claims that the way in which American Eagle has chosen to market its goods, which are...

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