United States Third Circuit
Jean Alexander Cosmetics, Inc. v. L'Oreal USA, Inc., 05-4321
The view of the First Restatement of Judgments and other courts of appeals that permit the application of issue preclusion to alternative findings is adopted. Dismissal of plaintiff's complaint for trademark infringement against L'Oreal is affirmed where collateral estoppel barred plaintiff from relitigating the Trademark Trial and Appeal Board's alternative holding in a prior cancellation action that there was no likelihood of confusion between L'Oreal's modernized Shades EQ mark and plaintiff's EQ System mark.
Appellate Information
- Argued 06/12/2006
- Decided 08/14/2006
- Published 08/14/2006
Judges
- Before RENDELL and VAN ANTWERPEN, Circuit Judges, and ACKERMAN, District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- James Cirilano, (Argued), Jennifer M. Haven, Cirilano & Associates, McKees Rocks, PA, for Appellant.
- For Appellees:
- Robert L. Sherman, (Argued), Paul, Hastings, Janofsky & Walker, New York, NY, for Appellees.