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Avon Products v. Cosmetics Plus

This article was originally published in The Rose Sheet

Executive Summary

Retail sale of Avon Anew and Skin So Soft products dilutes the direct marketer's trademark, Avon alleges in a trademark lawsuit filed in Manhattan federal court June 15. Avon contends Cosmetics Plus has "induced the breach of one or more of Avon's independent sales representatives' contracts" to obtain Avon products for resale. The direct marketer notes a cornerstone of its business is the personalized services provided by its 500,000 U.S. sales reps, as well as Avon's unconditional product guarantee, neither of which Cosmetics Plus provides. Avon seeks to have Cosmetics Plus permanently enjoined from selling, promoting, advertising or offering for sale any Avon products, causing dilution to Avon's name and engaging in further conduct suggesting "or tending to suggest" Avon indirectly sponsors, approves or authorizes retail sale of its products. The company also seeks damages and attorneys' fees...

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