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FABERGE, INC. v. SAXONY PRODUCTS, INC.

Nos. 76-1040, 76-1416.

605 F.2d 426 (1979)

FABERGE, INCORPORATED, Plaintiff-Appellee, v. SAXONY PRODUCTS, INC. and Edward Shamie, Defendants-Appellants. FABERGE, INCORPORATED, Plaintiff-Cross Appellant, v. SAXONY PRODUCTS, INC. and Edward Shamie, Defendants-Cross Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 27, 1979.

Attorney(s) appearing for the Case

Louis W. Shaffer, Robert E. Strauss, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., John E. Kelly, Santa Monica, Cal., for plaintiff-appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and BURNS, District Judge.

PER CURIAM:

This is a shaving lotion trademark case in which each side has appealed from certain parts of the ruling of the district court. Plaintiff Faberge markets aftershave lotion and cologne under the name "Brut" and in a trade dress involving a particular shape and color of bottle, accompanied by labels and other accouterments which Faberge obviously believes are useful and commercially valuable. As of the time of the commencement of this lawsuit in 1970 defendant...

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