Dep Corp. v. Opti-Ray, Inc.
Opinion
Opinion
Takasugi, J.
MEMORANDUM
I.
FACTUAL SUMMARY
Plaintiff Dep Corporation (“Dep”) is a manufacturer of personal care products, including hair care, skin care, oral hygiene, and health related products. Dep adopted and began using the mark “L.A. LOOKS” for use in connection with hair products in September, 1987. Dep filed an application for U.S. trademark registration of the mark on January 15,1988, and the registration issued on August 22, 1989. In 1988, the first full year of production, the total sales figures for the L.A. LOOKS product line amounted to $2,260,000.00. In 1989, the sales figures for the L.A. LOOKS product line amounted to $11,695,000.00, and in 1990, the total sales figures exceeded $22,-400,000.00.
Dep decided to expand its product line under the marks in such merchandising lines as fragrances, skin care, hair notions and sunglasses, all of which are considered to be mass merchandising items sold through food, drug and mass merchandising trade channels.
At the 1990 National Association of Chain Drug Stores (“NACDS”) industry convention held in Palm Beach, Florida, on April 21-25, 1990, Robert Berglass, the President of Dep, and Jerry Alpin, the Senior Vice President of Sales…