Clairol, Inc. v. Martin Wholesale Distributors, Inc.

Pleadings and Issues

Kelley, J.,

This is an action in equity brought by plaintiff, Clairol, Incorporated, to enjoin defendant, Martin Wholesale Distributors, Inc., *79from selling “professional” bottles of plaintiff’s product to the public. Plaintiff’s theory for relief is that defendant by selling the “professional” bottle, is guilty of unfair competition and that, as a result, plaintiff is likely to suffer irreparable harm by reason of seizure of its product by governmental authorities, customer dissatisfaction and loss of the benefit of its advertising program.

Defendant admits that the goods…