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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Sally Beauty Company v. Beautyco, 304 F.3d 964 (10th Cir 2001)

PLAINTIFF: Sally Beauty Co markets a line of hair care products called Generic Value Products.

DEFENDANT: Beautyco markets a line of hair care products under the trade name GENERIX.

Sally Beauty Co claims Beautyco infringes the trademark and trade dress of their competing line of hair care products.

The district court granted summary judgment to Beautyco on the Plaintiffs' claims. The court also granted summary judgment to the Plaintiffs on Beautyco's counterclaims for violations of Oklahoma antitrust and unfair competition laws.

The Court of Appeals ruled the district court erred in granting summary judgment to Beautyco. The Court of Appeals also ruled because the Plaintiffs had failed to submit any evidence of the falsity of Beautyco's labeling, the district court did not err in granting summary judgment and that the district court properly granted the Plaintiffs' summary judgment motion on Beautyco's counterclaims. Confused? So are we.

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