Faberge, Incorporated v. Saxony Products, Inc. And Edward Shamie, Faberge, Incorporated, Plaintiff-Cross v. Saxony Products, Inc. And Edward Shamie, Defendants-Cross

605 F.2d 426 204 U.S.P.Q. 359 FABERGE, INCORPORATED, Plaintiff-Appellee, v. SAXONY PRODUCTS, INC. and Edward Shamie, Defendants-Appellants. FABERGE, INCORPORATED, Plaintiff-Cross Appellant, v. SAXONY PRODUCTS, INC. and Edward Shamie, Defendants-Cross Appellees. Nos. 76-1040, 76-1416. United States Court of Appeals, Ninth Circuit. March 30, 1979. Rehearing Denied Sept. 27, 1979. Louis W. Shaffer, Robert E. Strauss, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., John E. Kelly, Santa Monica, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before CHAMBERS and GOODWIN, Circuit Judges, and BURNS * , District Judge. PER CURIAM: 1 This is a shaving lotion trademark case in which each side has appealed from certain parts of the ruling of the district court. Plaintiff Faberge markets aftershave lotion and cologne under the name "Brut" and in a trade dress involving a particular shape and color of bottle, accompanied by labels and other accouterments which Faberge obviously believes are useful and commercially valuable. As of the time of the commencement of this lawsuit in 1970 defendant Saxony was marketing…