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ALOE CREME LABORATORIES, INC. v. ESTEE LAUDER, INC.

No. 75-2211.

533 F.2d 256 (1976)

ALOE CREME LABORATORIES, INC., Plaintiff-Appellant, v. ESTEE LAUDER, INCORPORATED and Burdines, a Division of Federated Department Stores Inc., a Delaware Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 15, 1976.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., Robert E. Ziegler, Fort Lauderdale, Fla., James R. Eddy, Pompano Beach, Fla., Herbert Blecker, New York City, for plaintiff-appellant.

S. J. Powers, Jr., James E. Tribble, Miami, Fla., Saul H. Magram, New York City, Baker & McKenzie, Horst H. Werder, Francis D. Morrissey, Martin R. Greenstein, Chicago, Ill., for defendants-appellees.

Before DYER, SIMPSON and RONEY, Circuit Judges.

PER CURIAM:

This appeal challenges the district court's holding that there is no unfair competition or infringement of any rights the plaintiff may have in the term AFTER TAN by the manner in which defendants use the term APRES SUN, that the concurrent use of AFTER TAN and APRES SUN on after sun lotions does not create confusion in the marketplace, and that the term AFTER TAN is not distinctive or entitled to registration when used on after sun lotions so that plaintiff...

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