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P.F. COSMETIQUE, S.A. v. MINNETONKA INC.

No. 84 Civ. 5602 (PKL).

605 F.Supp. 662 (1985)

P.F. COSMETIQUE, S.A. and Clairol Incorporated, Plaintiffs, v. MINNETONKA INC. and Excelsior Bay Company, Defendants.

United States District Court, S.D. New York.

January 29, 1985.

Attorney(s) appearing for the Case

Rogers, Hoge & Hills, New York City (William F. Weigel, Lile H. Deinard, New York City, of counsel), for plaintiffs P.F. Cosmetique, S.A. and Clairol, Inc.

Merchant, Gould, Smith, Edell, Welter & Schmidt, Minneapolis, Minn. (Alan G. Carlson, Minneapolis, Minn., of counsel) and Nims, Howes, Collison & Isner, New York City (Thomas Kain, New York City, of counsel), for defendants Minnetonka, Inc. and Excelsior Bay Co.

LEISURE, District Judge.

This is an action for trade dress infringement. The plaintiffs, P.F. Cosmetique, S.A. ("Cosmetique") and Clairol, Inc. ("Clairol"), allege that the packaging of a line of beauty aids manufactured and sold by the defendants, Minnetonka, Inc., and its subsidiary, Excelsior Bay Co. (together "Minnetonka"), is confusingly similar to the packaging of one of plaintiffs' lines of beauty aids. Plaintiffs have sued under § 43(a) of the Lanham...

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