Intellectual Property - Beauty Care - Recent Developments

Rush Industries, Inc., v. Garnier, LLC, 2007 WL 2114651 (E.D.N.Y. July 16, 2007)

Rush markets various products over the Internet, including a hair care line marketed under the name “Long ‘n Strong.”  Asserting that it had acquired common law trademark rights in “Long ‘n Strong,” Rush sued Garnier, alleging that Garnier’s use of the words “Long & Strong” on its Gamier Fructis products infringed Rush’s common law rights.  Conceding for purposes of its summary judgment motion that Rush had acquired trademark rights in “Long ‘n Strong,” Garnier argued that there was no likelihood of confusion between the mark and its purely descriptive use of “Long & Strong” on its products prominently branded with its GARNIER mark.  The District Court granted summary judgment for Garnier.  It noted that Rush uses the name “ Long ‘n Strong” as the brand name for its product and that these words dominate its packaging. In contrast, Garnier uses the words “only as a descriptive term in a subset of the broad group of Garnier Fructis hair care products.”  On Garnier’s label, the words appear in a blue rectangular box against a bright green label.  Although they are essentially the same as Rush’s mark, “the impression created by the parties’ use of the words is vastly different.”  Furthermore, Garnier’s packaging is dominated by the Gamier Fructis name.  Thus, “[d]espite the similarity of the words themselves, the way in which the words are used is dissimilar.” To read the court’s decision, click here.