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MAYBELLINE CO. v. NOXELL CORP.

No. 86-2087.

813 F.2d 901 (1987)

MAYBELLINE CO., Appellee, v. NOXELL CORPORATION; SSC & B: Lintas Worldwide, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1987.

Attorney(s) appearing for the Case

Robert B. Hoemeke, St. Louis, Mo., for appellants.

Helene Jaffe, New York City, for appellee.

Before ROSS, WOLLMAN, and MAGILL, Circuit Judges.

WOLLMAN, Circuit Judge.

Maybelline Co. brought this action against Noxell Corporation and SSC & B: Lintas Worldwide seeking to enjoin alleged false representations in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982), concerning Noxell's product "Cover Girl Clean Lash Mascara." Noxell markets Clean Lash as a waterproof mascara. Maybelline's complaint alleged that Clean Lash was not a waterproof mascara and that the Clean Lash advertising...

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