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SEBASTIAN INTERN. v. LONGS DRUG STORES

No. 94-55461.

53 F.3d 1073 (1995)

SEBASTIAN INTERNATIONAL, INC., Plaintiff-Appellee, v. LONGS DRUG STORES CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1995.

Attorney(s) appearing for the Case

E. Lynn Perry, Mark T. Jansen, Townsend and Townsend Khourie and Crew, San Francisco, CA, for defendant-appellant.

Richard H. Zaitlen and Thomas C. Reynolds, Spensley, Horn, Jubas & Lubitz, Los Angeles, CA, for plaintiff-appellee.

Peter J. Kadzik, Dickstein, Shapiro & Morin, Washington, DC, for amicus.

Michael D. Sandler and Lynne Graybeal, Foster, Pepper & Shefelman, Seattle, WA, for amicus.

Before BROWNING, GOODWIN and FERGUSON, Circuit Judges.

Per Curiam; Concurrence by Judge FERGUSON.

PER CURIAM:

Sebastian International sued Longs Drug Stores for trademark infringement and unfair competition. The district court preliminarily enjoined Longs from selling Sebastian's hair care products. Longs appealed. We reverse.

Facts

Sebastian manufactures hair care products including shampoos, conditioners, hair sprays and styling lotions. Sebastian affixes its trademark, a large, stylized...

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