Clairol Incorporated v. Roux Laboratories, Inc.

BALDWIN, Judge.

This appeal is from the decision of the Trademark Trial and Appeal Board 1 granting the petition of appellee, Roux Laboratories, Inc., for cancellation of the registration 2 for the mark “PLATINUM PUFF” for a hair tinting, dyeing and coloring preparation. The petition was granted on the basis of appellee’s prior use of “PLATINUM PLUS” as a trademark for a haircoloring preparation.

Both parties filed stipulated testimony below together with accompanying exhibits. There is no dispute as to the asserted facts. These facts show that ap-pellee was the prior user of its mark, that the…