Sebastian International v. Longs Drug Stores
This article was originally published in The Rose Sheet
Executive Summary
The National Association of Chain Drug Stores, Cotsco Wholesale Corporation and The Price Company file a joint "friend of the court" brief that supports Long Drug's appeal of a March California U.S. district court decision barring the chain from selling hair care products bearing the "Sebastian Collective Salon Member" mark. Sebastian says that the mark indicates that the product is only available through salons and distributors who resell to salons ("The Rose Sheet" April 18, p. 1). "Affirmance here will inspire other manufacturers to adopt the same strategy that Sebastian has followed -- i.e., creating a 'business club' of one's own dealers;...affixing a 'collective mark' somewhere on the package of one's products; and then invoking the courts to enjoin legitimate resellers," the brief states