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主题:   initial round in bottle battle goes to ralph lauren

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they could have avoided all of this by teaming up and calling it eternal romance.
rather, calvin klein, the designer, sued his rival, Polo Ralph Lauren
more than perfume -- nicely, actually the bottles.
each sides agree that their fragrances smell nothing alike, but calvin klein, maker of eternity, is miffed at ralph lauren, which introduced romance last year. calvin klein contended the bottle for the new perfume looked suspiciously like eternity's.
a federal judge, even though, has ruled that customers are not likely to become confused by the packaging and that surveys calvin klein used to bolster its case were flawed and, thus, ineffective. he denied the preliminary injunction calvin klein sought inside the case, which is pending.
calvin klein's fragrance unit, the calvin klein cosmetics organization, and a single of its licensees, conopco inc., is suing the Polo Ralph Lauren
corporation and l'oreal s.a.'s cosmair inc., a ralph lauren licensee.
in its motion for an injunction, calvin klein had sought to stop ralph lauren from selling or advertising romance, saying that the bottle and item packaging infringe its trademark. federal district judge john e. sprizzo in new york, rejected the contention friday.
representatives for Ralph Lauren shirts
unit declined to comment yesterday. the organization issued a statement saying merely that the preliminary injunction had been denied and that no trial date had been set.
ethan horwitz, a lawyer for Ralph Lauren France
stated the choice ''comes down on every single point our way.'' mr. horwitz added that calvin klein's assertion that the bottles were identical was the equivalent of saying diverse makes of cars appear alike. ''the much more educated you might be, certainly, you'll be able to tell the distinction amongst a volkswagen as well as a cadillac.''
each bottles are rectangular and with silver caps and curved bottles. the eternity bottle, tall and thin having a curved t-shape cap, has an almost hourglass look. the romance bottle is short and squat, with a flat, square cap.
''apart from the dissimilarity of the two bottles,'' the judge said in his ruling, ''the likelihood of consumer confusion is also minimized by the differing marking techniques'' on the packaging and also the prominent ''romance'' name on the bottle cap and box of the Ralph Lauren Polo Chemises
product.
although calvin klein maintains that it had created a distinctive bottle for its $180-an-ounce perfume, comparable packaging apparently has been about for, well, eternity.
inside the ruling denying the injunction, the judge said that the eternity perfume bottle's trademark infringement argument was ''weak since, deemed as a whole, it's very similar to perfume bottles utilized by past and present fragrance designers.''
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initial round in bottle battle goes to ralph lauren