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REDKEN LABORATORIES, INC. v. CLAIROL, INCORPORATED

Nos. 72-2491 and 74-1642.

501 F.2d 1403 (1974)

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

United States Court of Appeals, Ninth Circuit.

July 26, 1974.

Attorney(s) appearing for the Case

Alfred T. Lee (argued), Weil, Lee & Bergin, New York City, for appellant.

Andrew J. Belansky (argued), Christie, Parker & Hale, Pasadena, Cal., for appellee.

Before CARTER and GOODWIN, Circuit Judges, and EAST, District Judge.

OPINION

ALFRED T. GOODWIN, Circuit Judge:

The district court overturned an administrative decision by the Trademark Trial and Appeal Board of the United States Patent Office (hereinafter the Board), and held that Redken's hair-care product sold under the mark "CURL & CONDITION" was not likely to be confused with Clairol's hair-care product sold under the mark "CONDITION", and ruled that Redken's mark was entitled to registration. Clairol appeals.

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