Clairol, Inc. v. Andrea Dumon, Inc.

Plaintiff, Clairol, Inc., filed suit against defendants, Andrea Dumon, Inc., and its president, Bernard Malits, to enjoin distribution of Andrea Dumon “White Creamed Peroxide Developer,” charging that the graphics, or “trade dress,” on the defendants’ container so closely imitated the graphics of plaintiff’s “Pure White Creme Developer” that consumer would mistakenly purchase defendants’ product in the belief it was plaintiff’s.

The trial court permanently enjoined defendants from using plaintiffs trade dress, the court finding it to be colorably similar to plaintiff’s. In addition, the court…