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HAN BEAUTY, INC. v. ALBERTO-CULVER COMPANY

Nos. 00-1198, 99,090. (Opposition No. 99,090).

236 F.3d 1333 (2001)

HAN BEAUTY, INC. and Trevive, Inc., Appellants, v. ALBERTO-CULVER COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED January 9, 2001.

Attorney(s) appearing for the Case

Lori N. Boatright, Blakely, Sokoloff, Taylor & Zafman, LLP, of Los Angeles, California, argued for appellants. With her on the brief were Eric S. Hyman, and Charles T.J. Weigell.

Raymond I. Geraldson, Jr., Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, of Chicago, Illinois, argued for appellee. With him on the brief were Douglas N. Masters, and Bradley L. Cohn.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

RADER, Circuit Judge.

The Patent and Trademark Office Trademark Trial and Appeals Board (the Board) sustained Alberto-Culver Co.'s opposition to Han Beauty Inc.'s application for registration of the mark TREVIVE NUTRIENTS FOR THE LIFE OF YOUR HAIR and design (the TREVIVE mark). Because substantial evidence supports the Board's likelihood of confusion findings, and because the Board's conclusion is correct, this court affirms.

I.

In 1959, Alberto...

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