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Great Clips, Inc. v. Hair Cuttery of Greater Boston, L.L.C.

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Before Boudin and Selya, Circuit Judges, and Laplante, *fn1 District Judge.

This appeal is about a trademark dispute between companies in the hair care industry. The plaintiff is Great Clips, Inc. (a Minnesota corporation), which owns and operates hair salons throughout the United States and Canada; the two defendants- -Great Cuts, Inc. (a Massachusetts corporation) and Hair Cuttery of Greater Boston, L.L.C. (a limited liability company organized under the laws of Virginia)–provide hair cutting and styling services in Massachusetts and elsewhere. The background events are essentially undisputed.

In 1985, Great Clips registered a trademark, “GREAT CLIPS,” for hair cutting and styling services, with the United States Patent and Trademark Office (“PTO”). Thereafter, Dalan Corporation (“Dalan”), a Massachusetts corporation that is Great Cuts and Hair Cuttery’s predecessor-in-interest, sought to register with the PTO the trademark “GREAT CUTS” for hair care services and products. Great Clips opposed Dalan’s trademark registration application in a proceeding before the PTO’s Trademark Trial and Appeal Board, and Dalan countered by petitioning for the cancellation of Great Clips’ trademark.

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