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Lady Burd v. Estee Lauder

This article was originally published in The Rose Sheet

Executive Summary

Trial date for Indelible Lips trademark infringement case set for April 3. Manhattan federal court refuses Estee Lauder's argument that the mark is a generic phrase in a Dec. 3 decision. The court states that because the term "Indelible Lips" is a registered mark owned by Lady Burd Exclusive Cosmetics, "the burden of proof falls on Estee Lauder to demonstrate genericness." It is disputable whether Indelible Lips is "directly descriptive of a property of certain lipsticks or is indirectly suggestive of some property of the lipsticks in question," the court says



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