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GROSS v. BARE ESCENTUALS BEAUTY, INC.

No. 03 Civ. 3089(RLC).

632 F.Supp.2d 283 (2008)

Dennis F. GROSS, M.D., and M/D Skin Care LLC, Plaintiffs, v. BARE ESCENTUALS BEAUTY, INC., MD Formulations, Inc. f/k/a Bioceutix, Inc., and Bare Escentuals Beauty, Inc. f/k/a MD Beauty, Inc., Defendants. Bare Escentuals Beauty, Inc. and MD Formulations, Inc., Counterclaimants, v. Dennis F. Gross, M.D., and M/D Skin Care LLC, Counterdefendants.

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

June 4, 2008.

Attorney(s) appearing for the Case

Morrison Cohen LLP, Fred H. Perkins, of Counsel, New York, NY, for Plaintiffs.

Latham & Watkins LLP, Jennifer L. Barry, of Counsel, San Diego, CA, for Defendants.

OPINION

ROBERT L. CARTER, District Judge.

Currently before the court is defendants' motion for partial summary judgment on plaintiffs' second and third claims for relief, and on defendants' tenth counterclaim for relief. For the reasons herein, the court denies defendants' motion for partial summary judgment on all of the aforementioned claims. The court finds that the issue of secondary meaning of the "Alpha Beta" mark is ripe for trial and must be determined...

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