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MAUR, INC. v. ALBERTO-CULVER COMPANY

No. 73-1713.

496 F.2d 618 (1974)

La MAUR, INC., Plaintiff-Appellee, v. ALBERTO-CULVER COMPANY and Leonard H. Lavin & Company, Defendants-Appellants. ALBERTO-CULVER COMPANY and Capitol Packaging Co., Counterclaimants-Appellants, v. La MAUR, INC., Counterdefendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1974.

Rehearing Denied June 14, 1974.

Attorney(s) appearing for the Case

W. Thomas Hofstetter, Chicago, Ill., for appellants.

Harold D. Field, Jr., Leonard, Street & Deinard, Minneapolis, Minn., for appellee.

Before HEANEY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

This appeal is from the holding of the United States District Court for the District of Minnesota** that the Alberto-Culver Company's hair product "Blondes American Style" infringed upon the La Maur, Incorporated, trademark "Style" and the family of trademarks derived therefrom. The opinion is reported at 179 U.S.P.Q. 607 (1973).

Appellant, Alberto-Culver, claims here, as it did in its counterclaim below, that the La...

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