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Job's Daughters, Inc. v. Lindeberg and Co, 633 F.2d 912 (9th Cir 1980)

Job's Daughters is a young women's fraternal organization. Since its establishment in 1921 it has used its name and emblem as collective marks. (A collective mark denotes membership in an organization). Lindeburg makes and sells fraternal jewelry. In 1954 it began selling jewelry and related items bearing the Job's Daughters insignia.

International Order of the Daughters of Job (Job's Daughters), sued appellant Lindeburg and Co. (Lindeburg), for trademark infringement arising out of Lindeburg's manufacture and sale of jewelry bearing the Job's Daughters insignia. The district judge granted judgment for Job's Daughters.

The court of appeals reversed finding that the "name and emblem were functional aesthetic components of the product, not trademarks. There could be, therefore, no infringement."

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