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Edmund Burke

Jordache Enterprises, Inc. v. Hogg Wyld, 828 F.2d 1482, 1486 (10th Cir. 1987)

In 1984, Marsha Stafford and Susan Duran formed Hogg Wyld, Ltd., now Oink, Inc., for the purpose of marketing designer blue jeans for larger women. Jordache first became aware of Lardashe jeans after an Albuquerque TV station broadcast a news segment, which was also broadcast nationally by NBC, highlighting the new product.

The district court, after a three-day bench trial, held that no trademark infringement had occurred on any of the alternative claims. Jordache Enters. v. Hogg Wyld, Ltd., 625 F.Supp. 48 (D.N.M.1985). Jordache appealled the decision.

The court found the words "Jordache" and "Lardashe" similar, but not the horse and pig designs. The court did not find the word "Jordache" has an inherent meaning. Rather the "meaning" described by the court referred to the "relatively subtle and refined" horse design that is employed in the Jordache trademarks. The district court found that "[t]he overall differences between the two marks greatly overcomes the similarity in spelling and pronunciation of the names Jordache and Lardashe." 625 F.Supp. at 53.

" 'If it had grown up,' she said to herself, 'it would have been a dreadfully ugly child; but it makes rather a handsome pig, I think.' " L. Carroll, Alice's Adventures in Wonderland 78-79 (1892). The judgment of the district court was affirmed.

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