Hokey smoke! Moose wars continue.
Rocket J. Squirrel would likely be amazed at the perceived desirability to wear a moose silhouette on clothing. In Abercrombie & Fitch v. Moose Creek, Inc., the Ninth Circuit vacated the denial of a preliminary injunction against use of a moose logo by clothing retailer Moose Creek. A & F and MC have been fighting over their respective moose logos for several years. They settled previous litigation, in which MC had accused A & F of trademark infringement, while A &F claimed the market was awash in moose logos. A & F changed it tune in the current litigation, which had led the district court to hold it judicially estopped from arguing that field was not crowded with moose marks. The Court held this ruling an abuse of discretion, as not only had the market situation changed, but the types of logos themselves had changed, as the currently disputed logos do not contain the word moose.” Click here for a view of the Abercrombie moose. And, at least until the district court has a chance to address the remand, the Moose Creek logo can be viewed at www.moosecreekinc.com.
