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CLAIROL INCORPORATED v. GILLETTE COMPANY

No. 216, Docket 31653.

389 F.2d 264 (1968)

CLAIROL INCORPORATED, Plaintiff-Appellant, v. The GILLETTE COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 29, 1968.

Attorney(s) appearing for the Case

Alfred T. Lee, New York City (Weil & Lee, New York City, on the brief), for appellant.

William F. Weigel, New York City (Marie V. Driscoll, and Rogers, Hoge & Hills, New York City, David P. List, Thomas H. Morsch, and Leibman, Williams, Bennett, Baird & Minow, Chicago, Ill., and Maxwell Breslau, Boston, Mass., on the brief), for appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

SMITH, Circuit Judge:

This appeal involves an action for trademark infringement and unfair competition in which the plaintiff, Clairol Incorporated, sought a preliminary injunction restraining The Gillette Company from using the term "Innocent" on any hair dye product. The District Court, Weinstein, J., concluded for a number of reasons that the award of a preliminary injunction would be inappropriate. Clairol Incorporated v. Gillette Company, 270...

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