Paul Hastings Establishes Collateral Estoppel Standard in Trademark Infringement Victory for L'Oreal

September 01, 2006

Paul Hastings Establishes Collateral Estoppel Standard in Trademark Infringement Victory for L'Oreal

Decision Also Establishes Standard of Review in U.S. Third Circuit Court of Appeals

New York, NY - Paul, Hastings, Janofsky & Walker LLP (Paul Hastings), a leading international law firm, obtained an affirmance of dismissal it had won on behalf of L'Oreal USA Inc. and Redkin 5th Avenue, NYC on claims of trademark infringement filed by Jean Alexander Cosmetics.

On appeal, Paul Hastings' attorneys argued that the doctrine of collateral estoppel (issue preclusion) prevented Jean Alexander from re-litigating the likelihood of confusion between the trademarks in question. Paul Hastings' argument was adopted by the court and established under what circumstances collateral estoppel applies in the Third Circuit Court of Appeals when there are alternative grounds for a decision, and what the standard of review is.

The Paul Hastings team, led by New York partner Robert Sherman, who argued the appeal, also included associates Eric Bensen, Nikki Hart and Brad Young.

About L'Oreal: L'Oreal is an international cosmetics company that has operations in over 130 countries worldwide. Core brands include L'Oreal Paris, Lancome, Garnier and Maybelline New York.

The Paul Hastings Litigation Department provides premier litigation services to clients facing complex legal issues in the U.S., Europe, South America, the Middle East and Asia.  With more than 225 lawyers in the Litigation Department, in addition to 150 litigators in the Employment Department, Paul Hastings is well positioned to handle all aspects of a client's litigation needs. Our sophisticated litigation practice covers every major practice including securities, intellectual property, class action and employment litigation, international arbitration, and white-collar crime.  The Litigation Department has an impressive track record of winning large and difficult cases.

Paul Hastings Janofsky & Walker LLP, founded in 1951, is a leading international law firm with more than 1,000 attorneys in 17 offices. The firm serves a diverse client base including many of the top financial institutions and Fortune 500 companies, supports clients in all of their legal needs and offers deep capabilities in Banking and Finance, Capital Markets, Corporate/M+A, Litigation and Dispute Resolution, Intellectual Property, Project Finance, Investment Management, Real Estate, Labor and Employment and Tax Advisory Services. For additional information, please visit our website at

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