The validity of this position mark is central to a conflict between Diesel and Calvin Klein. Calvin Klein argues that a simple stripe cannot be a trademark. The public sees this as banal decoration.
The Court disagrees. This is not a simple stripe, but a strip that is applied in a special place. Such a strip can often be found on all other jeans, but then horizontally at the top. Due to the diagonal placement, the consumer will see this as a identifying mark. The trademark is upheld for Diesel.
There is no question of infringement by Calvin Klein, because they (like the rest) use a horizontal stripe on their coin pocket. The marks are therefore not deemed visually similar.
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