Cosmetically Sealed Industries, Inc. v. Chesebrough-Pond's USA Co.

125 F.3d 28 (1997)

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Cosmetically Sealed Industries, Inc. v. Chesebrough-Pond’s USA Co.

United States Court of Appeals for the Second Circuit
125 F.3d 28 (1997)

SH

Facts

Cosmetically Sealed Industries, Inc. (CSI) (plaintiff) manufactured and sold a lip gloss designed to prolong the wear of lipstick under the registered trademark Sealed With a Kiss. Chesebrough-Pond’s USA Co. (Chesebrough) (defendant) marketed personal care products under the registered trademark Cutex and, in 1993, launched a promotional campaign for a long-wear lipstick called Cutex Color Splash. The promotional campaign used a large countertop cardboard display holding trial-size lipsticks and complimentary postcards. Next to the postcards were the words, “Seal it with a Kiss,” inviting consumers to take a postcard, place a lipstick imprint of their lips on it, and mail it. Both the Cutex brand name and the Color Splash product name appeared in the center of the display in large block letters. CSI brought suit for trademark infringement, seeking to enjoin Chesebrough’s use of the phrase “Seal it with a Kiss” in connection with its promotional campaign. The district court granted summary judgment in favor of Chesebrough and dismissed CSI’s complaint after determining that Chesebrough’s use of the challenged phrase constituted fair use. CSI appealed.

Rule of Law

Issue

Holding and Reasoning (Newman, J.)

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