St. Ives Laboratories, Inc. v. Nature's Own Laboratories

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The motion of Plaintiff for a Preliminary Injunction came on for hearing on December 14, 1981, before the Honorable A. Andrew Hauk, Judge Presiding. Evidence was introduced on behalf of all parties and the cause was argued and submitted for decision. The Court, having considered the evidence and heard the arguments of counsel and being fully advised, makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

The Court finds that:

1. Plaintiff, St. Ives Laboratories, Inc., (“St. Ives”) is a California corporation with its principal place of business in Rolling Hills, California.

2. St. Ives is in the business of marketing, selling and distributing health and beauty aid products, including hair and skin care products under the house mark ST. IYES and the trademark SWISS FORMULA.

3. In late 1979, St. Ives introduced and began to sell jojoba shampoo and conditioner in an arbitrary and distinctive packaging and trade dress. A photograph showing the Plaintiff’s jojoba shampoo and conditioner is attached to the Complaint herein as Exhibit “1”.

4. Plaintiff’s jojoba shampoo and conditioner are sold through drug stores,…