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ESTEE LAUDER, INC. v. THE GAP, INC.

No. 96 Civ. 4130 (LAK).

932 F.Supp. 595 (1996)

ESTEE LAUDER, INC., Plaintiff, v. THE GAP, INC. d/b/a Old Navy Clothing Company, Defendant.

United States District Court, S.D. New York.

July 22, 1996.

Attorney(s) appearing for the Case

Arthur J. Greenbaum, Joshua Paul, Richard S. Mandel, Cowan, Liebowitz & Latman, P.C., New York City, for Plaintiff.

Jerome B. Falk, Jr., Annette L. Hurst, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, Peter Jakab, Fein & Jakab, New York City, for Defendant.

OPINION

KAPLAN, District Judge.

Estee Lauder Inc. ("Lauder") recently introduced a new skin moisturizer which, depending upon which of the parties is speaking, is called either "100%" or "100% Time Release Moisturizer." The defendant, The Gap, Inc. ("Gap"), is about to launch a line of personal care products in its Old Navy ("Old Navy") clothing stores under the umbrella name, "100% Body Care." Lauder seeks to enjoin Gap from doing so, claiming that Gap...

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