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SALLY BEAUTY CO., INC. v. BEAUTYCO, INC.

Nos. 01-6049, 01-6075.

304 F.3d 964 (2002)

SALLY BEAUTY COMPANY, INC., a Delaware corporation; Marianna Imports, Inc., a Nebraska corporation, Plaintiffs-Appellants/ Cross-Appellees, v. BEAUTYCO, INC., a Delaware corporation, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

September 3, 2002.

Attorney(s) appearing for the Case

Craig S. Fochler, Wildman, Harrold, Allen & Dixon, Chicago, Illinois (Charles R. Mandly, Jr. and Nathan E. Ferguson, Wildman, Harrold, Allen & Dixon, Chicago, IL; and Jill Robb Ackerman and Michael Sullivan, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, NE, with him on the briefs), for Plaintiffs-Appellants/Cross-Appellees.

Joseph P. Titterington (G. Neal Rogers with him on the briefs), Dunlap, Codding & Rogers, P.C., Oklahoma City, OK, for Defendant-Appellee/Cross-Appellant.

Before LUCERO, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Sally Beauty Co., Inc. ("Sally Beauty") and Marianna Imports, Inc. ("Marianna"), collectively "Plaintiffs," sued Beautyco, Inc. ("Beautyco") for trademark infringement, trade dress infringement, and false advertising. Beautyco markets a line of hair care products under the trade name GENERIX, which the Plaintiffs claim infringes the trademark and trade dress of their competing line of hair care products called Generic...

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