Alberto-Culver Co. v. Trevive, Inc.

MEMORANDUM DECISION AND ORDER

On January 22, 2002, plaintiff Alberto-Culver Co. filed a notice of motion and motion for summary judgment, with supporting memorandum of points and authorities and declaration of Nathan E. Ferguson (with exhibits), a statement of uncontroverted facts and conclusions of laws, and a proposed order. Plaintiff claims that as a result of prior litigation between the parties before the Trademark Trial and Appeal Board (“Board”) of the Patent and Trademark Office (“PTO”), see Alberto-Culver Co. v. Han Beauty, Inc., 1999 WL 1004627 (Trademark Tr. & App. Bd.), and Federal Circuit Court of Appeals, Han Beauty, Inc., v. Alberto-Culver Co., 236 F.3d 1333 (Fed.Cir.2001), defendant Trevive, Inc., should be collaterally estopped from relitigating the issues of plaintiffs ownership of its TRES-family of marks for hair care products and whether defendant’s use of its TREVIVE trade name for hair care products results in a likelihood of confusion in violation of plaintiffs rights. The plaintiff, therefore, requests this Court enter partial summary judgment in its favor, and permanently enjoin defendant from using the TRE-VIVE mark.

On March 6, 2002, defendant filed…