CLAIROL, INC. v. CODY'S COSMETICS, INC.


353 Mass. 385 (1967)

231 N.E.2d 912

CLAIROL, INCORPORATED vs. CODY'S COSMETICS, INCORPORATED.

Supreme Judicial Court of Massachusetts, Essex.

December 7, 1967.


Attorney(s) appearing for the Case

Edward B. Hanify (Gordon T. Roberts, Thomas G. Dignan, Jr., & Robert F. Hayes with him) for the plaintiff.

Albert S. Previte, Jr., for the defendant.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


CUTTER, J.

The plaintiff (Clairol) seeks to enjoin the defendant (Cody's) from selling (in the manner theretofore practiced by Cody's) at retail to the general public Clairol's products designated "Professional Use Only." The facts are stated upon the basis of the trial judge's careful, complete, subsidiary findings, which are fully justified by the reported evidence. The case is before us on report without decree. G.L.c. 214, § 31.

Clairol makes fourteen...

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