Tabberone Logo

Tabberone is pronounced tab ber won
not tay ber own

Tabbers Temptations     www.tabberone.com/Trademarks/ Home | Site Index | Disclaimer | Email Me!
"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


John Paul Mitchell v Quality King, 106 F.Supp.2d 462 (2000)

John Paul Mitchell Systems ("JPMS" or "Paul Mitchell") sought a preliminary injunction restraining the distributor Quality King Distributors, Inc. from selling $1.4 million of Paul Mitchell hair care products that traveled around the world before docking in Quality King's Long Island warehouse. JPMS sold those products for distribution in China, but they were diverted from their authorized market and sent back to the United States via Holland.

The court ruled that JPMS did not show that it will suffer pecuniary injury as a company if its current distribution scheme is replaced by the use of non-salon retail stores — or a combination of salons and non-salon retail outlets. JPMS offered no study or report regarding the benefits of the JPMS distribution scheme. "There can be little doubt that JPMS believes in the value of the distribution scheme. The money spent on diversion detection and prevention aptly demonstrates this. Nonetheless, even a party's fervent belief that it will be damaged by another's action cannot replace evidence of that damage."

The court also doubted if JPMS suffered any real net losses on the diversion. Testimony indicated some salon owners believed JPMS participates in diversion practices. Likewise, JPMS did not show a likelihood of success on the merits on its claim against the third party Quality King for tortious interference with contract. Court ruled for Quality King.

counter for iweb