JEAN ALEXANDER COSMETICS, INC. v. L'OREAL USA

No. 05-4321.

458 F.3d 244 (2006)

JEAN ALEXANDER COSMETICS, INC., Appellant v. L'OREAL USA, INC.; Redkin 5th Avenue, N.Y.C.

United States Court of Appeals, Third Circuit.

Filed August 14, 2006.


Attorney(s) appearing for the Case

James Cirilano, (Argued), Jennifer M. Haven, Cirilano & Associates, McKees Rocks, PA, for Appellant.

Robert L. Sherman, (Argued), Paul, Hastings, Janofsky & Walker, New York, NY, for Appellees.

Before RENDELL and VAN ANTWERPEN, Circuit Judges, and ACKERMAN, District Judge.


OPINION OF THE COURT

RENDELL, Circuit Judge.

In proceedings before the Trademark Trial and Appeal Board ("TTAB" or "Board"), the predecessor in interest of L'Oreal USA, Inc. ("L'Oreal") argued that a registered trademark used by Jean Alexander Cosmetics, Inc. ("Jean Alexander") was likely to be confused with two of its marks and that the registration should therefore be cancelled. The TTAB denied the petition to cancel, holding, among other things, that...

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