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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.
From Graham Webb Intl v Emporium Drug Mart, 916 F.Supp. 909 (E.D. Ark 1995)

It is of no import that the Graham Webb products are being sold unaccompanied by professional consultation. Recent courts have become more skeptical of the need for professional consultation in the sale of goods, see Matrix Essentials, 870 F.Supp. at 1253, and this Court likewise concludes that Drug Emporium's sale of Graham Webb products unaccompanied by professional consultation does not give rise to a likelihood of consumer confusion. No customer who went to Drug Emporium to buy Graham Webb products was confused or deceived as to whether they were getting a cosmetologist's consultation with their purchase. Cf. Matrix Essentials, 988 F.2d at 591. In fact, it appears that several professional salons are themselves selling Graham Webb products without any analysis or advice concerning hair care needs. See Motion of Drug Emporium 917 for Summary Judgment, Exhibit 3 (Affidavit of Diane Schratz).

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