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Civil Procedure Keyed to Marcus
Janet Alexander Cosmetics v. L’Oreal USA, Inc.
Citation:
458 F.3d 244 (3d Cir. 2006)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
JAC and L’Oreal both had trademarks for cosmetic products that used the letters “EQ.” L’Oreal began using one such mark in 1988; JAC began using its mark in 1990 and registered it in 1993. In 1996, L’Oreal attempted to register a modernized version of its mark, which it had been using since 1992. The TTAB denied registration of L’Oreal’s modernized mark. L’Oreal filed a petition to cancel JAC’s mark because of the likelihood of confusion between the companies’ marks. In connection with that petition, which was denied, the TTAB also found no likelihood of confusion between JAC’s mark and L’Oreal’s original or modernized version of its mark. A subsequent request by L’Oreal to register its modernized trademark was granted, with L’Oreal relying on the TTAB‘s earlier finding of no likelihood of confusion of the marks. JAC opposed the registration; both the TTAB and the district court determined that JAC was precluded from litigating the likelihood of confusion issue.
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