Alberto-Culver Company v. Andrea Dumon, Inc.

MEMORANDUM OPINION

Motions of Plaintiff to Dismiss or, Alternatively, For Summary Judgment

MAROVITZ, District Judge.

This is an action for label copyright infringement, trademark infringement, unfair competition and dilution. The action arises out of defendant’s use of a label for a deodorant spray for feminine hygiene allegedly copied from plaintiff’s label for a similar product, and defendant’s use of the letter trademark PS, alleged to be confusingly similar to plaintiff’s trademark FDS.

Defendant’s Answer basically denies the material allegations of the Complaint and pleads affirmative…