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HELENA RUBINSTEIN, INC. v. FRANCES DENNEY, INC.

No. 67 Civ. 1784.

286 F.Supp. 132 (1968)

HELENA RUBINSTEIN, INC., Plaintiff, v. FRANCES DENNEY, INC., Defendant.

United States District Court S. D. New York.

July 1, 1968.

Attorney(s) appearing for the Case

Burgess, Ryan & Hicks, New York City, for plaintiff; by John F. Ryan, New York City, of counsel.

Blum, Moscovitz, Friedman, Blum & Kaplan, New York City, for defendant; by Alex Friedman and Martin J. Beran, New York City, of counsel.

OPINION

POLLACK, District Judge.

Plaintiff moves under Rule 65, F.R. Civ.P. to enjoin defendant, pendente lite, from using the mark BEAUTY LIFT in connection with its manufacture or sale of cosmetics or toiletries. Plaintiff sells a face lotion under the trademark BEAUTILIFT and claims sales of such goods every year from 1936 to date. The plaintiff claims that its mark has been accepted and recognized by the purchasing public as identifying a product...

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