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COSMETICALLY SEALED INDUS. v. CHESEBROUGH-POND'S

No. 1635, Docket 96-9538.

125 F.3d 28 (1997)

COSMETICALLY SEALED INDUSTRIES, INC., Plaintiff-Appellant, v. CHESEBROUGH-POND'S USA CO. and Jean Philippe Fragrances, Ltd., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 2, 1997.

Attorney(s) appearing for the Case

Derick C. January, Brinton & January, White Plains, NY, for plaintiff-appellant.

Peter D. Vogl, New York City (Berj A. Terzian, Darren W. Saunders, Pennie & Edmonds, New York City, on the brief), for defendants-appellees.

Before: NEWMAN, KEARSE and CALABRESI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns the fair use defense in an action for trademark infringement. Cosmetically Sealed Industries, Inc. ("CSI") appeals from the October 23, 1996, judgment of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge), granting summary judgment to Chesebrough-Pond's USA Co. and its licensee Jean Philippe Fragrances Ltd. (collectively, "Chesebrough") and dismissing CSI's complaint alleging...

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