Tabberone is pronounced tab ber won not tay ber own

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John Paul Mitchell v Pete N Larry's, 862 F.Supp. 1020 (W.D.N.Y. 1994) John Paul Mitchell Systems ("JPMS"), the manufacturer of the "Paul Mitchell" brand of hair care products ("Paul Mitchell Products"), and G.A. Kayser & Sons, Inc. ("Kayser"), JPMS's authorized distributor in the central and western areas of New York, brought this action against various retailers -- "Pete-N-Larry's, Inc. ("Pete-N-Larry's"), Tops Markets, Inc. and Tops, Inc. d/b/a VIX Deep Discount (collectively "Tops"), F.W. Woolworth Co., Inc. d/b/a The Rx Place ("Rx Place") and Pharmhouse Corp. ("Pharmhouse") -- "alleging inter alia that the defendants' unauthorized sales of Paul Mitchell Products constitute violations of the Trademark Act of 1946, 15 U.S.C. § 1051 et seq., ("the Lanham Act"), unfair competition under the laws of New York, tortious interference with the contracts and fraud. The Complaint alleges that Paul Mitchell Products "are designed and intended to be sold only in and to professional hair salons and professional hairstylists" and "specifically are not authorized to be sold in retail stores" such as those of the defendant retailers. Defendants also obliterated the batch codes on some of the merchandise. The court rejected part two [as redundant], part four claim for tortious interference and part five for fraud. Part one and three were based upon the obliteration of the batch codes and the court felt this action was sufficient to raise the question of trademark infringement.