Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 6

Trademark Clairol Incorporated manufactures and distributes hair tinting, dyeing, and coloring preparations. Clairol embarked on an extensive advertising campaign to promote the sale of its “Miss Clairol” hair-color preparations that included advertisements in national magazines, on outdoor billboards, on radio and television, in mailing pieces, and on point-of-sale display materials to be used by retailers and beauty salons. The advertisements prominently displayed the slogans “Hair Color So Natural Only Her Hairdresser Knows for Sure” and “Does She or Doesn’t She?” Clairol registered these slogans as trademarks. During the next decade, Clairol spent more than $22 million on advertising materials, resulting in more than a billion separate audio and visual impressions using the slogans. Roux Laboratories, Inc., a manufacturer of hair-coloring products and a competitor of Clairol’s, filed an opposition to Clairol’s registration of the slogans as trademarks. Do the slogans qualify for trademark protection? Roux Laboratories, Inc. v. Clairol Inc., 427 F.2d 823, Web 1970 CCPA Lexis 344 (United States Court of Customs and Patent Appeals)

Step 1 of 3

Facts of the case

• Plaintiff in this case is C

• Defendant in this case is R

• C, a hair color manufacturing and distributing company registered two slogans as its trademarks.

• C spent huge amount of money for promotions of these slogans.

• Its competitor, R filed an opposition for the registration of these trademarks.