CLAIROL INCORPORATED v. ROUX LABORATORIES, INC.

Patent Appeal No. 8404.

442 F.2d 980 (1971)

CLAIROL INCORPORATED, Appellant, v. ROUX LABORATORIES, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 13, 1971.


Attorney(s) appearing for the Case

H. C. Dieserud, New York City, attorney of record, for appellant. David J. Kera, New York City, of counsel.

Sylvester J. Liddy, New York City, for appellee. Joe E. Daniels, New York City, of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and NEWMAN, Judge, Customs Court, sitting by designation.


BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 granting the petition of appellee, Roux Laboratories, Inc., for cancellation of the registration2 for the mark "PLATINUM PUFF" for a hair tinting, dyeing and coloring preparation. The petition was granted on the basis of appellee's prior use of "PLATINUM PLUS" as a trademark for a haircoloring preparation.

Both...

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