Jean Alexander Cosmetics, Inc. v. L'OreaL Usa, Inc. Redkin 5th Avenue, N.Y.C

OPINION OF THE COURT

RENDELL, Circuit Judge.

In proceedings before the Trademark Trial and Appeal Board (“TTAB” or “Board”), the predecessor in interest of L’Oreal USA, Inc. (“L’Oreal”) argued that a registered trademark used by Jean Alexander Cosmetics, Inc. (“Jean Alexander”) was likely to be confused with two of its marks and that the registration should therefore be cancelled. The TTAB denied the petition to cancel, holding, among other things, that there was no likelihood of confusion as between the marks. In the instant action for trademark infringement, Jean Alexander seeks to revisit…