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Ross Cosmetics Distribution Centers, Inc. v. United States

34 U.S.P.Q.2d 1758 (1994)

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Ross Cosmetics Distribution Centers, Inc. v. United States

United States Court of International Trade

34 U.S.P.Q.2d 1758 (1994)

Facts

Ross Cosmetics Distribution Centers (Ross) (plaintiff) sold cosmetic products, including bath oils, under the names Gorgeous and Love Birds. These names were comparable to those of other well-known bath-oil products such as Giorgio and L’Air du Temps, and Ross made those comparisons explicitly on its marketing, though it made disclaimers that the products were not in fact the same. Giorgio and L’Air du Temps were registered trademarks in the United States. The United States Customs Service ruled against Ross’s bringing its products into the United States in 1991 on the grounds that Ross’s products were counterfeit uses of registered United States trademarks. Ross appealed.

Rule of Law

Issue

Holding and Reasoning

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