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COSMETICALLY YOURS, INC. v. CLAIROL INCORPORATED

Patent Appeal No. 8296.

424 F.2d 1385 (1970)

COSMETICALLY YOURS, INC., Appellant, v. CLAIROL INCORPORATED, Appellee.

United States Court of Customs and Patent Appeals.

May 7, 1970.

Attorney(s) appearing for the Case

Myron Amer, Brooklyn, N. Y., attorney of record, for appellant.

H. C. Dieserud, New York City (Fish, Richardson & Neave, New York City), for appellee; David J. Kera, New York City, of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation.

ROSENSTEIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board1 sustaining an opposition by Clairol Incorporated to the application2 by Cosmetically Yours, Inc. to register the words "Look Alive" as a trademark for "lipstick". We affirm.

Clairol's opposition is predicated on its ownership of the registered marks "Come Alive",3 "Come Alive Gray...

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