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ROUX LABORATORIES, INC. v. CLAIROL INCORPORATED

Patent Appeal No. 8248.

427 F.2d 823 (1970)

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

United States Court of Customs and Patent Appeals.

June 18, 1970.

Attorney(s) appearing for the Case

Liddy, Sullivan, Hart, Daniels & Baxley, Sylvester J. Liddy, New York City, attorneys of record, for appellant. Joe E. Daniels, New York City, of counsel.

H. C. Dieserud, Fish, Richardson & Neave, David J. Kera, New York City, for appellee.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and McMANUS, Chief Judge, Northern District of Iowa, sitting by designation.

McMANUS, Judge.

Roux Laboratories, Inc. appeals from the decision of the Trademark Trial and Appeal Board1 dismissing its opposition to registration2 on the Principal Register by Clairol Incorporated of the slogan "Hair Color So Natural Only Her Hairdresser knows For Sure" for a "hair tinting, dyeing and coloring preparation." We affirm.

Roux's opposition is predicated on the grounds that it, like Clairol...

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