“Jordache” vs. “Lardashe”

November 11, 2013

  • 382T Trademarks
  • 382TVIII Violations of Rights
  • 382TVIII(D) Defenses, Excuses, and Justifications
  • 382Tk1521 Justified or Permissible Uses
  • 382Tk1524 Expressive Use; Commentary
  • 382Tk1524(2) k. Parody or Satire.

382T Trademarks“Jordache” trademark for blue jeans was not infringed by manufacturer that identified its blue jeans for larger women with smiling pig and word “Lardashe” on seat of pants; striking dissimilarities in designs used in marks greatly outweighed any similarities, manufacturer intended to parody but that intent was not to confuse the public, and survey given by trademark owner did not demonstrate actual confusion.
Jordache Enterprises, Inc. v. Hogg Wyld, Ltd., 828 F.2d 1482 (10th Cir. 1987)