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Estee Lauder v. Lady In Red

This article was originally published in The Rose Sheet

Executive Summary

Lauder requests that Lady in Red's Beautiful Lady trademark be canceled in a Nov. 21 answer and counterclaim in the trademark infringement suit involving Lauder's Beautiful fragrance and Lady in Red's knock-off version, Beautiful Lady. Lauder's argument for cancellation is based on the fact that in the 1950s the prior owner of the Beautiful Lady mark, Maynard, Inc., provided the U.S. Patent and Trademark Office with contradictory statements regarding what types of products the mark is used for. Lady in Red previously has asked that Lauder's mark be canceled because it is predated by the Beautiful Lady mark in a Nov. 3 counterclaim ("The Rose Sheet" Nov. 14, p. 5). Lauder filed its original complaint against Lady in Red Sept. 27 charging false advertising, trademark infringement and unfair competition ("The Rose Sheet" Oct. 10, p. 7)
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