American Eagle did not dispute copying Abercrombie & Fitch on purpose, and still won.
In 1998 Abercrombie sued over its rival’s clothes and catalog, down to the cougar vellum paper, and produced an American Eagle memo telling store managers to inspect Abercrombie’s windows every week. American Eagle chose not to contest the copying. In 2002 an appeals court ruled for it anyway, finding the designs functional and the catalogs too different to be confused.
American Eagle on Brandseum