Tabberone is pronounced tab ber won |
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Matrix Essentials v. Cosmetic Gallery, 870 F. Supp. 1237 (D.N.J. 1994)
Matrix Essentials, Inc. manufactures and sells a wide variety of hair care products. Hair dyes, colorings, and permanent wave products were marketed by Matrix for use by cosmetologists in a salon, but did not market with the intent that these products be sold to individual consumers for home use. It is well known in the industry that Matrix does not want its liquid products sold at retail by any seller other than a salon. Cosmetic Gallery, Inc. operated four retail beauty supply stores in New Jersey, under the trade name Cosmetique. These stores offered for sale to retail customers a wide range of liquid products and colors and perms manufactured by a large number of different manufacturers. C & L Beauty Supply, Inc. operated a wholesale beauty supply business which sold at least some of the products carried in the Cosmetique stores to other retailers on a wholesale basis. C & L's product line included liquid products and perms and colors. The Court of Appeals stated:
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