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Avon v. Cosmetics Plus

This article was originally published in The Rose Sheet

Executive Summary

Retailer files counterclaim against Avon, alleging the direct seller's sales representatives "are not agents" of Avon, but are purchasers of the title of the products, which are then offered for resale. In its Aug. 7 response, Cosmetics Plus maintains through its "anticompetitive practices," Avon sets artificially high prices for its products and "restrains" their resale. Cosmetics Plus admits it offered Avon's Anew and Skin So Soft in its New York stores, but argues it "lawfully acquired" the products. The retailer asserts Avon has failed to provide any factual allegations sufficient to prove it has been irreparably harmed by the action. Avon filed the trademark lawsuit in Manhattan federal court June 15 ("The Rose Sheet" July 6, In Brief)...
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