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ARCONA, INC. v. FARMACY BEAUTY, LLC

No. 19-55586.

976 F.3d 1074 (2020)

ARCONA, INC., a California corporation, Plaintiff-Appellant, v. FARMACY BEAUTY, LLC, a New Jersey limited liability company; David C. Chung, an individual; Mark Veeder, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 1, 2020.

Attorney(s) appearing for the Case

R. Joseph Trojan (argued), Dylan C. Dang , and Francis Z. Wong , Trojan Law Offices, Beverly Hills, California, for Plaintiff-Appellant.

Colin Fraser (argued), Greenberg Traurig LLP, Irvine, California; Jeffrey K. Joyner , Greenberg Traurig LLP, Los Angeles, California; for Defendants-Appellees.

Before: Kenneth K. Lee and Patrick J. Bumatay, Circuit Judges, and Donald W. Molloy, District Judge.

OPINION

Arcona, Inc. sued Farmacy Beauty for counterfeiting based on the use of the trademarked term "EYE DEW" on its skincare products. But apart from that term, these two companies' beauty products look nothing like each other, as their respective packaging features different shapes, design schemes, text, and colors...

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