Hair Care Makers Attempt To Use Lanham Act To Control Downstream Distribution

Law360, New York (October 19, 2006, 12:00 AM EDT) -- Over the past two decades, hair care product manufacturers have waged a multi-faceted, yet largely unsuccessful, campaign invoking trademark law to block the resale of their products in retail stores that are outside of their intended chain of distribution.

Manufacturers have attempted to limit distribution of their products to certain beauty salons by terming their products “salon-only” or “professional use only” in the hopes of establishing marketing caché and an air of exclusivity to their brand. Manufacturers become disturbed when independent distributors in the secondary market...
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