Maybelline Co. v. Noxell Corporation Ssc & B: Lintas Worldwide

WOLLMAN, Circuit Judge.

Maybelline Co. brought this action against Noxell Corporation and SSC & B: Lintas Worldwide seeking to enjoin alleged false representations in violation of section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982), concerning Noxell’s product “Cover Girl Clean Lash Mascara.” Noxell markets Clean Lash as a waterproof mascara. Maybelline’s complaint alleged that Clean Lash was not a waterproof mascara and that the Clean Lash advertising campaign and product packaging, both of which promoted Clean Lash as a waterproof mascara, were false and deceptive. Noxell and SSC &…