TTAB
`
`I HEREBY CERTIFY THAT THIS CORRESPONDENCE IS BEING DEPOSITED WITH THE UNITED STATES POSTAL SERVICE AS
`FIRST CLASSMAIL IN AN ENVELOP ‘ADDRESSED TO THE COMMISSIONER FOR TRADEMARKS, P.O. BOX 1451, ALEXANDRIA,
`
`vA2;z13-1451.0 5T/E/DATI-IINDI/» TED BELOW.
`
`
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`BOX TTAB — NO FEE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`SEXY HAIR CONCEPTS LLC,
`
`V.
`DEAN V. CHRISTAL.
`
`Opposer,
`
`Applicant.
`
`L,
`
`’ C 5 Z ’
`
`Opposition No. 91177752
`
`I
`
`NOTICE OF RELIANCE
`
`Honorable Commissioner for Trademarks
`
`P.O. Box 1451
`
`Alexandria VA 22313-1451
`
`Dear Commissioner:
`
`Pursuant to T.B.M.P. §§ 707 and 708 and 37 C.F.R. § 2.122(3), Opposer hereby intends
`to give notice that it intends to rely on the following evidence:
`
`Copies of the following printed publications from newspapers, periodicals and
`1.
`journals available to the general public in libraries or of general circulation among members of
`the public or that segment of the public which is relevant to this proceeding to establish use of
`the “SEXY” and “SEXY HAIR” names and marks by persons in the relevant trade to refer to
`Opposer and its goods, as opposed to any other entity, and evidencing recognition of “SEXY”
`and “SEXY HAIR” as names and marks of Opposer:
`
`Description of Publication
`
`1.
`
`Stephanie Eddy, “What’s New: Brothers Opening Cosmetology School,”
`Idaho Statesman, December 13, 2007. Entire document.
`
`DMEAST #9856294 V1
`
`IIIIIIIIllllllllllllllllllllllllllllllllllllllllll
`
`03-31-2008
`
`"3 Flare".
`
`5; ‘T9’: "‘ !‘.a:‘. ‘it’. C:
`
`3
`
`

`
`Andrea Nagel and Molly Prior, “Independents’ Day,” Women’s Wear Daily,
`September 7, 2007. Entire document.
`
`Laura Kinsler, “Beauty More than Skin Deep.” Tampa Tribune, July 28,
`2007. Entire document.
`
`Roberta T. Vowell, “Crazy, Frizzy, Out of Control.” Virginia Pilot and
`Ledger—Star, July 18, 2007. Page 2.
`
`Samantha Thompson Smith, “The Tress Test.” The News & Observer, May
`14, 2007. Page 3.
`
`“Snippets: Sanjaya, Hair God. . .Popping Up...Aveeno Gardens.” Women’s
`Wear Daily, April 20, 2007. Entire document.
`
`“Neighborhood News: A Roundup of News from Around Northeast Miami-
`Dade.” Miami Herald, March 22, 2007. Pages 1-2.
`
`Michelle Edgar, “’Idol’ Adds Strength to Sexy Hair.” Women’s Wear Daily,
`January 19, 2007. Entire document.
`
`
`NBC Today Show, 8:30 AM. NBC Universal Inc.
`
`January 5, 2007. Page 2.
`
`Lindsay Elkins, “Hair’s the Thing: Sales Achieve Modest Growth While
`Consumers Request More Specialized Formulas Targeted to Their Hair
`Type.” Household & Personal Products Industry, December 1, 2006. Page
`4.
`
`“Pumpkin for Beauty.” The Journal Gazette, November 26, 2006. Entire
`document.
`
`Anne Bratskeir, “Cool 2 Wear.” Newsday, October 30, 2006. Entire
`document.
`
`“Sexy & Sizzling.” People, June 26, 2006, Volume 65, Issue 25. Page 3.
`
`“The View,” ABC - The View. June 5, 2006. Page 12.
`
`
`Sabine Morrow, “Testing 1-2-3.” Atlanta Journal and Constitution May 20,
`2006. Entire document.
`
`Susan A. Eliya, “Hair Styling Holds Up: Consumers’ Interest in Hair Styling
`Products Continues to Spike.” Household & Personal Products Industry,
`Volume 43, Issue 5. May 1, 2006. Entire document.
`
`“Sexy Hair Concepts Wants Americans to Show Off Their Sexiest Hair in a
`Reality Contest.” Household & Personal Products Industry, Volume 43, Issue
`4. April 1, 2006. Entire document.
`
`10.
`
`ll.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`DMEAST #9856294 v1
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`2
`
`

`
`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`25.
`
`26.
`
`27.
`
`28.
`
`29.
`
`30.
`
`31.
`
`32.
`
`33.
`
`“Sexy Hair & Leedz Salon Aid Domestic Abuse Fund.” Household &
`Personal Products Industgg, Volume 43, Issue 4. April 1, 2006. Entire
`document.
`
`Brent Hopkins, “Teaching Hairdos and Do Nots.” Daily News, March 10,
`2006. Entire document.
`
`“Fashion/Beauty Rx.” Miami Herald, March 8, 2006. Entire document.
`
`“Aberdeen: JCPenney Stylist Wins Trip.” Aberdeen American News,
`February 10, 2006. Entire document.
`
`Debra Braggs, “The Best and Worst Tressed of 2005.” Mobile Register,
`January 3, 2006. Entire document.
`
`“Fresh Concepts Plum Straight Straightening Balm.” Product Alert, Volume
`34, Issue 21. November 8, 2004. Entire document.
`
`Jill Radsken, “Sense of Style: Unleashing the Inner Vixen; Four Steps to
`Sexy, Messy Tresses.” Boston Herald, October 21, 2004. Entire document.
`
`“Inside Business.” Grand Forks Herald, July 10, 2004. Page 3.
`
`Laura DeMarco, “Big, Bouncy Hair Is Back.” Cleveland Plain Dealer, April
`21, 2004. Entire document.
`
`“Salon Connection. (Street Level) (Sexy Hair Concepts).” Global Cosmetic
`Industry, October 1, 2003, Volume 171, Issue 10. Entire document.
`
`“Clothes Encounters.” The Post and Courier (Charleston, SC). September
`12, 2003. Entire document.
`
`“Short Sexy Hair Play Dirty Wax Master Dry Wax; Manufacturer: Sexy
`Hair Concepts .
`.
`. “ Product Alert, July 28, 2003, Volume 33, Issue 14.
`Entire document.
`
`“Sexy Hair Nets Penney’s Chain’s Salons Will Use, Sell Firms Designer
`Products.” Los Angeles Daily News, June 28, 2003. Pages 1-2.
`
`“Destination Gorgeous.” The Express, May 17, 2003. Page 2.
`
`95
`
`.
`.
`“Spring into new hair fashions: some companies focus on men .
`Household & Personal Products Industry, May 1, 2003, Volume 40, Issue 5.
`Pages 1-2, 5-7.
`
`“Hair apparent Locks take lead at Midwest Beauty Show.” Chicago Tribune,
`March 12, 2003. Pages 1-2.
`
`DMEAST #9856294 v1
`
`3
`
`

`
`34.
`
`35.
`
`36.
`
`37.
`
`38.
`
`39.
`
`40.
`
`41.
`
`42.
`
`43.
`
`44.
`
`45.
`
`46.
`
`“Sexy goes Super. (Street Level) (Sexy Hair Concepts launches skus in
`Supercuts salons).” Global Cosmetic Industry, March 1, 2003, Volume 171,
`Issue 3. Entire document.
`
`“Tania Bryer. Every week, TV presenter Tania gives her verdict on the latest
`beauty buys.” The Express. February 25, 2003. Entire document.
`
`.
`.
`“Wild Sexy Hair Unshakeable Firm Holding Fixative Spray; .
`Manufacturer: Sexy Hair Concepts Category: 320 — Hair Styling Products.”
`Product Alert, February 24, 2003, Volume 32, Issue 4. Entire document.
`
`“Wild Sexy Hair Untamed Whipped Wax: Sexy Hair Concepts Category:
`320 — Hair Styling Products.” Product Alert, February 10, 2003, Volume 32,
`Issue 3. Entire document.
`
`“Healthy hair, healthy segment; Global Report: Hair Care; Industry
`Overview : Global Cosmetic Industry, January 1, 2003. Page 8.
`
`Catherine Zeta-Jones: ‘Chicago’, CNN.com December 27, 2002. Entire
`document.
`
`“The hair care market, hundreds of competing hair care brands answer
`increasingly diverse needs.” Household & Personal Products Industry,
`December 1, 2002, Volume 39, Issue 12. Page 3.
`
`“Beauty People: The Winter Hot List; .
`Entire document.
`
`.
`
`. ” The People, October 27, 2002.
`
`CCL container. (Wrap Up). (Brief Article), Global Cosmetic Industry,
`October 1, 2002, Issue 10. Entire document.
`
`“CCL container develops big sexy hair containers. (Packaging News)?’
`Household & Personal Products Industry, October 1, 2002, Volume 39, Issue
`10. Entire document.
`
`“CCL Container (Packaging News). (packaging for Sexy Hair Concepts’ Big
`Sexy Hair Collection).” Soap & Cosmetics, October 1, 2002, Volume 78,
`Issue 7. Entire document.
`
`.
`“Sexy Hair Concepts Healthy Sexy Hair Firm Holding Gel .
`Alert, June 10, 2002, Volume 31, Issue 11. Entire document.
`
`. .” Product
`
`“Sexy Hair Concepts Healthy Sexy Hair Miraculous Leave-In Treatment —
`Soy Protein.” Product Alert, June 10, 2002, Volume 31, Issue 11. Entire
`document.
`
`DMEAST #9856294 V1
`
`4
`
`

`
`47.
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
`
`54.
`
`55.
`
`56.
`
`57.
`
`58.
`
`59.
`
`60.
`
`“Sexy Hair Concepts Sexy Hair Moisture Shampoo-Soy Milk for Dry and
`Chemically Treated Hair. .
`. .” Product Alert, June 10, 2002, Volume 31,
`Issue 11. Entire document.
`
`“The National Council of La Raza to Give Luxurious Gift Basket to the Host,
`Presenters & Performers of the 2002 Alma Awards .
`.
`. .” PR Newswire, May
`18, 2002. Page 2.
`
`“The styling market turns a new page: new hair styling product forms ...”
`Household & Personal Products Industry, May 1, 2002, Volume 39, Issue 5.
`Page 5.
`
`“Sexy Hair Concepts, Chatsworth, Ca. (Marketing News).” Household &
`Personal Products Industry, April 1, 2002, Volume 39, Issue 4. Entire
`document.
`
`“The hair care market: hair care will never go out of style with the latest
`choices in protection and color.” Household & Personal Products Industry,
`December 1, 2001, Volume 38, Issue 12. Page 4.
`
`“Sexy Hair. (What’s New). (Spring 2002 Sex Symbol Collection).” Soap &
`Cosmetics, December 1, 2001, Volume 77, Issue 12. Entire document.
`
`“Soy-based products. (Expand Healthy Sexy Hair Collection.” Spray
`Technology & Marketing, November 1, 2001, Volume 11, Issue 11. Entire
`document.
`
`“Healthy Sexy Hair Soy Smoothie Straightening Tonic; ...” Product Alert,
`October 22, 2001, Volume 31, Issue 20. Entire document.
`
`“Healthy Sexy Hair SoyMilk Shampoo; ...” Product Alert, October 22, 2001,
`Volume 31, Issue 20. Entire document.
`
`“All That Glitters: Today’s Color Cosmetics. Household & Personal
`Products Industry, August 1, 2001, Volume 38, Issue 8. Page 3.
`
`“Soy Featured in New Sexy Hair Concepts Line.” Household & Personal
`Products Industry, July 1, 2001, Volume 38, Issue 7. Entire document.
`
`“Sexy Hair Concepts Big Sexy Hair Root Pump Plus Spray Mousse ...”
`Product Alert, May 14, 2001, Volume 18, Issue 9. Entire document.
`
`“Sexy Hair Concepts Hot Sexy Highlights Aero Color Spray—Poly—Ester Pink;
`...” Product Alert, May 14, 2001, Volume 18, Issue 9. Entire document.
`
`“Are you too busy for beauty?” Redbook, May 1, 2001, Volume 196, Issue 5.
`Pages 2-3.
`
`DMEAST #9856294 v1
`
`5
`
`

`
`61.
`
`62.
`
`63.
`
`64.
`
`Dated:
`
`-x «,
`1”-(Pl
`5”7\5>
`
`“Hair Styling Update.” Household & Personal Products Industry, May 1,
`2001, Volume 38, Issue 5. Pages 3, 6.
`
`“P&G to Sell Spic’n Span and Cinch.” Household & Personal Products
`Industry, March 1, 2001, Volume 38, Issue 3. Page 3.
`
`“Sexy Hair Concepts Hot Sexy Highlights Shampoo; Hot Sexy Highlights
`Conditioner.” Product Alert, October 9, 2000, Volume 30, Issue 19. Entire
`document.
`
`“The Band is Back Together; Ecoly International introduces new hair care
`products.” Soap & Cosmetics, June 1, 2000. Entire document.
`/\
`\
`
`,K‘r\/\/\‘
`Respectfully submyeflfi.
`\/i/L/’
`/
`3
`_ "
`
`By:
`
`eaiiway
`s-
`Roberta]
`Sean P. McConnell
`
`ECKERT SEAMANS CHERIN & MELLOTT, LLC
`
`Two Liberty Place
`50 South 16"‘ Street, 22"” Floor
`Philadelphia, PA 19102
`(215) 851-8400
`ATTORNEYS FOR OPPOSER
`
`DMEAST #9856294 v1
`
`6
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing Opposer’s Notice of Reliance was served today
`
`on the following by first class mail, postage prepaid:
`
`Dean V. Christal
`
`498 Freehaven Drive
`
`Santa Barbara, CA 93108
`dean@thechristals.com
`
`Date: March 27, 2008
`
`
`
`DMEAST #9856294 v1
`
`7
`
`

`
`Page 1
`
`26 of 71 DOCUMENTS
`
`Copyright 2007 The Idaho Statesman
`The Idaho Statesman (Boise)
`
`Distributed by McClatchy-Tribune Business News
`
`December 13, 2007 Thursday
`
`SECTION: BUSINESS AND FINANCIAL NEWS
`
`ACC-NO: 20071213-ID-What-s-new-Brothers—open-cosmetology-school-1213
`
`LENGTH: 854 words
`
`HEADLINE: What's new: Brothers open cosmetology school
`
`BYLINE: Stephanie Eddy, The Idaho Statesman, Boise
`
`BODY:
`
`Dec. 13--What are odds that three brothers, who grew up on a dairy farm in Burley, would end up professional hair
`stylists, salon owners and open the D'Shaw Institute of Cosmetology in Boise?
`
`Excellent if the brothers are Dustin, Ren and Nathan Shaw.
`
`‘'1 took an interest in hair around the age of 14. I moved to Hollywood when I was 17 (in 1986) to pursue music,
`and while there saw an amazing billboard for a hair company," Dustin Shaw said. "I new then that someday I wanted to
`manufacture and distribute my own hair products."
`
`Dustin, 39, also owns salons in Burley and Salt Lake City. He heads color curriculum and teaches all aspects of
`cosmetology at the institute. Ren Shaw, 36, and Nathan Shaw, 31, own the Electric Chair, 783 W. Idaho St., salon in
`Boise.
`
`Ren Shaw's primary responsibility at the school is the hair cutting curriculum as well as teaching all phases of
`cosmetology.
`
`"1 always dreamed bigger than the farm. Dustin was fully immersed in the beauty industry, and I viewed him as the
`working-class rock star," Ren Shaw said. "I decided to make that my back-up plan. I fell in love with doing hair and
`love working with my best friends, my brothers."
`-
`
`Nathan teaches hair cutting, hair color and cosmetology. He also manages business and financial aspects of the
`institute.
`
`"I think initially the reason I chose the hair industry was because I was not into the college thing," Nathan said. "I
`was intrigued by the amount of money you could potentially earn in the hair business with just one year of school."
`
`The brothers also formulate, manufacture and distribute D'Shaw hair products like hair color, shampoo and
`conditioner that they sell to salons.
`
`Westla/kw.
`
`

`
`What's new: Brothers open cosmetology school The Idaho Statesman (Boise) December 13, 2007 Thursday
`
`Page 2
`
`The brothers say they have trained people at major international hair companies including Sexy Hair Concepts,
`ISO, TIGI, Framesi and Primary Synergy. They are members of the Society of Cosmetic Chemists, do consulting for
`other salon owners and have offered expert testimony for major court cases involving the salon industry and products.
`
`"We believe the main difference between us and other schools is our impeccable credentials, experience and
`success in this industry as well as our individual approach taken for each student," Dustin Shaw said. "We knew that we
`could raise the bar and set a new standard of excellence for this industry.
`
`"Each student is unique. We meet regularly with them one-on-one to establish 1ong—terrn, intermediate, and
`short-term goals. When they graduate we have them connected to the people and business that will put them in place to
`accomplish their goals."
`
`The Shaw brothers are not the only family members involved at the institute. Their sister Cara Shaw, 25, will be
`among the first graduates of the school in February. She plans to open a salon in Twin Falls.
`
`Stephanie Eddy: 377-6481
`
`NEW OFFICES WILL SERVE WEST ADA COUNTY
`
`The Board of Ada County Commissioners and Meridian city leaders met Wednesday to cut the ribbon and
`officially open two new facilities at the county's Meridian Campus Complex on East Pine Street between Main Street
`and Locust Grove Road.
`
`A new paramedics station and a weed, pest and mosquito abatement office were built to bring existing services
`closer to people who have moved into the western part of the county.
`
`The 24-hour Paramedics Station is the fourth station to service the fast-growing Meridian community. The Weed
`and Pest facility includes a high-tech water filtration system, the first of its kind to be used in Idaho, organizers said.
`
`ENERGY COMPANY MOVES TO EAGLE
`
`Alternate Energy Holdings Inc. is moving its offices to Eagle in January at 911 E. Winding Creek Drive, Suite 150.
`
`Idaho Energy Complex, the company's principal project, is a proposed 1,600-megawatt, $4.5-billion advanced
`nuclear reactor with low cooling water requirements about 65 miles southeast of Boise, in Owyhee County. The plant
`would include a biofuels component, using excess reactor heat to produce fuels from local agricultural waste and crops.
`The company says construction could begin as soon as 201 1 with power generation beginning late 2015.
`
`"The IEC is one of the largest and most advanced nuclear power plants currently proposed in the United States, and
`such an initiative requires our headquarters move to Idaho," said CEO Don Gillispie. "I've found Idaho is a terrific place
`to live and run a business."
`
`The company recently purchased 49.1 percent of Freedom Energy Solutions, a Maryland-based company that
`custom-designs energy systems for individual homes and businesses based on wind, solar, geotherrnan and power
`management. Also, AEHI says it is in the early stages of plans to build nuclear reactors in selected developing countries
`to produce electricity and fresh water from the ocean.
`
`To see more of the Idaho Statesman, or to subscribe to the newspaper, go to http://www.idahostatesman.com
`Copyright (c) 2007, The Idaho Statesman, Boise Distributed by McClatchy-Tribune Information Services. For reprints,
`email trnsreprints@perrnissionsgroup.com,call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to
`The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
`
`LOAD-DATE: December 13, 2007
`
`West1a’w;
`
`

`
`Page 5
`
`48 of 71 DOCUMENTS
`
`Copyright 2007 Gale Group - Responsive Database Services, Inc.
`All Rights Reserved
`Contemporary Women's Issues
`Copyright 2007 Fairchild Publications, Inc.
`Women's Wear Daily
`
`September 7, 2007
`
`SECTION: Pg. 28S ISSN: 0149-5380
`
`ACC-NO: 5705621
`
`LENGTH: 1857 words
`
`HEADLINE: INDEPENDENTS' DAY
`
`DATELINE: United States
`
`HIGHLIGHT:
`
`toiletries industry's companies
`
`BODY:
`
`Byline: Andrea Nagel and Molly Prior
`
`Professional beauty firms are being snapped up at a rapid pace. Who's not owned by a big beauty conglomerate?
`WWDSalon has put together a (short) list of some of the most exciting independently owned hair care and makeup
`companies in the salon industry.
`
`1) John Paul Mitchell Systems
`
`Beverly Hills
`
`Sales: $500 million
`
`Founder, chief executive officer: John Paul DeJoria
`
`President: Luke Jacobellis
`
`JPMS was founded in 1980 by John Paul DeJoria, a sales and marketing executive, and Paul Mitchell, a hairdresser.
`They started with three products and a leave-in conditioner, and soon after came outwith a Hair Sculpting Lotion that
`didn't flake. The products caught on with stylists after about three years, in lieu of zero marketing funds. The duo hit it
`big when it launched Awapuhi shampoo and Freeze and Shine Super Spray, instant cult faves. When Mitchell died in
`1989, many people thought the company would fold. Instead, it endured and flourished and today is the largest
`independently owned professional beauty company, with hair color and schools in addition to hair care and styling
`products under the Paul Mitchell, Modern Elixirs, Tea Tree, Paul Mitchell Lab and Paul Mitchell Professional Hair
`Color brands. This year JPMS is developing an advanced skin care line, anticipated to come out early next year.
`
`Westlaw.
`
`

`
`INDEPENDENTS' DAY Women's Wear Daily September 7, 2007
`
`Page 6
`
`2) Tigi Linea
`
`Lewisville, Tex.
`
`Sales: $425 million
`
`Chairman, ceo: Bruno Mascolo
`
`President, chief operating officer: Thomas Reasonover
`
`President, salon division: Leslie Elliott
`
`Tigi was founded in 1985 when Bruno Mascolo opened his first Toni & Guy salon in Dallas. Shortly after, he
`launched a product line, Tigi Linea. In 1991, he hired Kyara (now his wife) to develop a makeup line for Tigi Linea.
`Soon, the makeup line was outselling hair care, and he tapped Kyara to create a new hair range. In 1997, she created
`Bed Head Stick, a wax stick that created texture and separation. Today, Bed Head, Catwalk and S—Factor are beauty
`brands under the Tigi Linea product company. The company also operates more than 60 salons nationwide, as well as
`five training academies. In October, Tigi is entering the hair color category.
`
`3) Farouk Systems Group
`
`Houston
`
`Sales: $400 million
`
`Founder, chairman: Farouk Shami
`
`Vice chairman, ceo: Rami Shami
`
`Farouk Shami, a hair colorist by training, founded his company out of a personal need. He became allergic to the
`ammonia used in hair dye and was determined to develop an alternative formula. He began distributing his
`ammonia-free hair lightening product, SunGlitz, and started looking at other harsh chemicals to stamp out, like
`electromagnetic fields emitted by hair dryers. The 2,000-item range now includes CHI hair care and appliances, BioSi1k
`and CH1 Ceramic Nail Lacquers with Nano Silver, designed to stave off bacteria and fungus. Shami says he aims to add
`more technology, such as a laser to stimulate hair growth, to the CHI hair dryers, which retail for about $150 to $300.
`The company, which Shami describes as "a company of hairdressers," does business in 91 countries and sells its wares
`to more than 100,000 U.S. salons.
`
`4) OPI Products Inc.
`
`North Hollywood, Calif.
`
`Sales: $120 million
`
`President: George Schaeffer
`
`OPI Products traded dental supplies for nail care in the Eighties, using the same chemistry to make artificial nails as
`it did to manufacture dental accessories. It quickly added brushes, nail forms and lotions to the fold and, in 1989,
`introduced its first collection of Nail Lacquers. OPI's artistic director, Suzi Weiss-Fischman, has developed more than
`1,000 nail polish shades.
`
`"OPI has established an incredible recognition with the consumer," says Weiss—Fischrnan. The line is sold in 80
`countries, and aims to enter Brazil next year. It consists of more than 2,000 stockkeeping units, including polishes,
`
`Westlaw.
`
`

`
`lNDEPENDENTS' DAY Women's Wear Daily September 7, 2007
`
`Page 7
`
`lipsticks, treatments, creams and pedicure products.
`
`5) Frederic Fekkai LLC
`
`Greenwich, Conn.
`
`Sales: $100 million
`
`Ceo: Melisse Shaban
`
`Frdric Fekkai has made an impact on the professional beauty world like no other in recent years. Take the $400
`haircut, for starters. What he also did was take professional hair care to the masses, a move that many hard—core salon
`stylists frown upon, but one that ultimately raised the profile of the celebrity stylist and paved the road for many hair
`care lines to follow. Fekkai's products range in price from $20 to $35, however, there is the random luxury item, such as
`Hair Repair, an overnight hair treatment that sells for $195. Products are sold in more than 2,000 doors around the
`world. There are plans to expand his salon empire, too. Now there are five Fekkai salons-but as many as 25 are in the
`works over the next several years. In 2005, Chrysallis, a portfolio company of private equity firm Catterton Partners,
`purchased a major stake in the beauty company.
`
`6) T-3 Micro Inc.
`
`Venice Beach, Calif.
`
`Sales: $65 million
`
`Founder, president: Kent Yu
`
`Started in 2004, T-3's mission was simple: to make a better hair dryer. Thus the genesis for T—3's Bespoke
`Featherweight Dryer, which came out in 2004 and immediatelybegan to make waves with celebrity stylists. Yu
`introduced tourmaline, a mineral that emits negative ions and far—infrared heat waves when heated, leading to faster
`drying time and healthier hair. T-3 is distributed to the top 1 percent of salons in the U.S. In 2008, the company will
`launch Co1orLock, an iron designed for color-treated hair.
`
`7) Sexy Hair Concepts
`
`Chatsworth, Calif.
`
`Sales: $65 million
`
`Founder: Michael O'Rourke
`
`President, ceo: Jim Morrison
`
`Founded in 1992 as Ecoly International, the company's name was changed in 2000 after the launch of several
`successful products under the Sexy Hair brand. Sexy Hair, founded by hairstylist Michael O'Rourke, is now sold in
`more than 60,000 salons in the U.S. and is distributed to more than 25 countries worldwide. Last year, the company
`tapped industry veteran Jim Morrison to take it to the next level. Since then, Sexy Hair slowly has turned the image of a
`sexy, fun niche brand into one that is more elegant and mature.
`
`8) FHI Heat
`
`Cleveland
`
`Sales: $35 million
`
`Westleivv.
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`
`INDEPENDENTS' DAY Women's Wear Daily September 7, 2007
`
`Page 8
`
`Ceo: David Kim
`
`Chief operating officer: Joseph Kim
`
`David Kim discovered a surge in heat-styling appliances while helping operate his parents‘ beauty supply business.
`"That made me investigate factories producing high—quality flat irons," he says. Kim discovered FHI of South Korea
`and partnered with it in 2003. Now, FHI sells products to nearly 10,000 salons in the U.S. and 10 other countries. The
`company caters to specific market segments with three ranges. The firm's premium range, Runway, utilizes $2 million
`in research and development and each appliance sells for $400.
`
`9) Essie Cosmetics Ltd.
`
`Astoria, N.Y.
`
`Sales: $31 million
`
`Founder, president: Essie Weingarten
`
`Ceo: Max Sortino
`
`As a girl, Essie Weingarten's mother would take her to the beauty parlor to get her nails painted as a special treat.
`Weingarten was hooked. In 1981, she developed a dozen shades and dropped off samples to Las Vegas hotels and
`salons. Tourists headed back to their local salons asking for Essie shades, and her business was born. Essie is available
`in 250,000 salons and spas and is sold in 90 international countries. Weingarten, who schedules a weekly manicure for
`Friday evenings, has developed 600 shades since the start.
`
`10) Altema Professional Haircare
`
`Century City, Calif.
`
`Sales:l$30 million
`
`President, ceo: Paul Johnson
`
`Altema entered the professional market a decade ago with the aim of carving out a luxury tier and distinguishing
`itself with colorful bottles in unique shapes. The 47-item range includes five lines, namely Hemp, Caviar Anti—Aging,
`Life Solutions, Luxury-formulated with white truffle extract—and Science of Ten. Altema also recently launched in the
`Bliss catalogue. The brand is sold in 35 countries, and international business accounts for more than 30 percent of its
`sales. In 2005, Altema received a cash infusion from private equity firm TSG Consumer Partners.
`
`11) Orly International
`
`Los Angeles
`
`Sales: $28 million
`
`Founder, ceo and president: Jeff Pink
`
`Orly's founder, Jeff Pink, made his mark in the nail care business three decades ago, creating the French manicure
`in 1975. He dreamed up the look after a Hollywood director asked him to create a polish shade that would suit his lead
`actress‘ multiple wardrobe changes. Since then, he has built a business that averages 32 percent annual growth, has
`about 400 sku's and sells to 66 countries. Orly is distributed to more than 15,000 salons and beauty supply stores. Its
`two-year—old brand, SpaRitual, which began as a vegan nail polish line, recently expanded to body care.
`
`V\/estle/1v\I.
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`INDEPENDENTS‘ DAY Women's Wear Daily September 7, 2007
`
`Page 9
`
`12) Mirabella Beauty Products LLC
`
`Valencia, Calif.
`
`Sales: $7 million
`
`Founder, president and ceo: Christy Thurston
`
`A fomier beauty director at Nordstrom, Christy Thurston knew what she wanted from a cosmetics line. But when
`she opened a salon after leaving Nordstrom, she says she found it difficult to find a line to meet her needs. So in 2002,
`she launched Mirabella, a full cosmetics line for the professional beauty world. Mirabella includes 220 sku's, which are
`sold in more than 500 salons and 300 professional beauty stores. Last year, John Maly became a partner in the
`company.
`
`13) Sudzz Inc.
`
`Oxnard, Calif.
`
`Sales: $6 million
`
`Founder, ceo: J. Aris Koyaran
`
`J. Aris Koyaran has been in the professional beauty industry since 1977. He began as a hairdresser and went on to
`work as a distributor. In 1999, Koyaran set out to create a sulfate-free hair care line, which he says took 26 months to
`master. Surfactants used in the line originate from South America's rain forest, which he says is 100 percent certified
`organic bamboo. Today, the line is 14 items strong, and includes shampoo, conditioners, styling and finishing products,
`all safe for color-treated hair. SudzzFX is sold in about 2,000 high-end salons.
`
`14) Esuchen Hair Care
`
`Chino, Calif.
`
`Sales: $1.6 million in the U.S.
`
`Ceo: Ching Ling Wang
`
`Esuchen, a 22-year-old global professional hair care company, has spent the last three years making inroads into the
`U.S. market by positioning itself as "skin care for the scalp," says Derek Lashley, vice president of sales and marketing.
`"We believe in the fountain of youth for the scalp," says Lashley. The 80-item line, which includes color, is sold in 37
`countries and about 10,000 salons. The company plans to open the Esuchen Academy—which will emphasize a mind,
`body, spirit concept-in October near its headquarters, and later expand the concept nationwide.
`
`15) ThermaFuse
`
`Kannapolis, N.C.
`
`Sales for 2008: $6 million
`
`President, ceo: Van Stamey
`
`Director of operations: Mandi Wolfe
`
`Van Stamey founded ThermaFuse as a crusade to save long hair damaged by overstyling from stylists’ shears.
`ThermaFuse's star ingredient, HeatSmart Complex—a silicone and protein delivery system-is said to make heat-styled
`
`Weéiléw
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`INDEPENDENTS' DAY Women's Wear Daily September 7, 2007
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`Page 10
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`hair healthier. Since its May introduction, TherrnaFuse signed nine distributors and expects to be in about 10,000 stores
`by year's end. TherrnaFuse is positioned between Redken and Bumble and bumble, and targets independent salons with
`a working owner.
`
`Copyright 2007 Fairchild Publications, Inc., a subsidiary of Advance Publications, Inc.
`
`LOAD-DATE: October 27, 2007
`
`Westleivxz
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`

`
`Citation
`7/28/07 TAMPATRIB 8
`
`Search Result
`
`Rank(R)
`
`4 of 368
`
`7/28/07 Tampa Trib.
`2007 WLNR 14822316
`
`(Fla.)
`
`8
`
`Nuwflkn
`
`Page
`
`10
`
`Database
`ALLNEWS
`
`Tampa Tribune (FL)
`Copyright 2007 The Tribune Co.
`
`July 28, 2007
`
`Section: NORTHEAST
`
`Beauty More Than Skin Deep
`
`LAURA KINSLER
`
`There is shampoo, gel, hair coloring and highlights,
`
`lip gloss and waxing.
`
`By LAURA KINSLER
`
`The Tampa Tribune
`
`UNIVERSITY AREA - Someone used to buying shampoo and hair gel at the
`supermarket could get overwhelmed stepping into Beauty Mode.
`
`"We carry over 100 product lines and 10,000 products,“ store manager Nichole
`Muczynski said.
`"We have different lines from all over the world."
`
`The spacious, modern store and salon opened this month at University Mall. It's
`the 10th store for the Boston—based chain, which is expanding into Tampa. Store
`No. 11 will open at Westshore Plaza in the fall.
`
`Employees are trained to be able to recommend the perfect combination of
`styling products, shade of lip gloss or hair dryer for any customer.
`
`"I love it when another redhead comes in," Muczynski said. "We're only 5
`percent of the population." She points them toward her new favorite shampoo,
`Wella Color Preserve, which contains pigments that enhance her natural color.
`
`The salon, which opens in August, will specialize in hair color and highlights.
`It also will employ an aesthetician (waxing specialist).
`
`"We've actually had a lot of guys asking about waxing," Muczynski said.
`want to get their eyebrows waxed.
`I was a little surprised by that."
`
`"They
`
`Customers are encouraged to test products — such as Larissa Edmondson, who
`bought an ionic hair dryer after testing it in the store.
`
`"If we don't have a tester, we'll make a tester," Muczynski said.
`
`(C) 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.
`Westlaw;
`
`

`
`Page
`
`11
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`7/28/07 TAMPATRIB 8
`
`Although some stores carry a limited number of ethnic products, Beauty Mode has
`an entire aisle of hair care products for blacks.
`
`"We're the only store that carries Mizani," Muczynski said.
`customers say they could only get that before in a salon."
`
`"A lot of our
`
`The men's section has an array of specialty shaving products, pomades and
`shampoos,
`including an entire shelf of American Crew Tea Tree Oil products.
`love it because it tingles," Muczynski said.
`
`"Men
`
`"We carry a ton of Bed Head
`"A lot of people buy by the smell," she said.
`products. They're known for their styling products and because they smell
`great." She opens a bottle of hair gel that smells like a daiquiri.
`Brocato and
`Other featured product lines are L'0real Professionnel, Ojon, Paul Mitchell and
`Aquage. The store also carries familiar lines, such as Redken,
`Sexy Hair.
`
`The store offers discounts to students and employees at the University of South
`Florida,
`local hospital staffs and licensed stylists.
`
`
`
`(CHART)
`
`IF YOU GO
`
`WHAT: Beauty Mode
`
`WHERE: University Mall, 2200 E. Fowler Ave.
`
`WHEN: Open from 10 a.m.
`Sunday
`
`to 9 p.m. Monday through Saturday, noon to 6 p.m.
`
`INFORMATION: Call
`
`(813) 558-9000
`
`Reporter Laura Kinsler can be reached at
`lkinsler@tampatrib.com.
`
`(813) 865-4844 or
`
`Photo credit: Tribune photos by JULIE BUSCH
`
`
`
`Photo: Beauty Mode opened this month at University Mall. It's the 10th store for
`the Boston-based chain, which is expanding into Tampa. Store No. 11 will open at
`Westshore Plaza in the fall.
`
`Photo: Nail polish in a myriad of colors adorns the shelves of Beauty Mode.
`Employees are trained to recommend the correct combination of styling products,
`shade of lip gloss or hair dryer for customers.
`Photo: Manager Nichole Muczynski helps regular customer Larissa Edmondson.
`carry over 100 product lines and 10,000 products," Muczynski says.
`"We have
`different lines from all over the world."
`
`"We
`
`INDEX REFERENCES ----
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`(C) 2007 Thomson/West. No Claim to Orig. U.S. Govt.
`
`Works.
`
`Westlaw;
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`
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`

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`Page
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`12
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`7/28/07 TAMPATRIB 8
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`COMPANY: MORRIS NEWSPAPER CORPORATION OF KANSAS; UNIVERSITY
`
`(Make-Up (1MA98); Consumer Products & Services (1C062); Hair Care
`INDUSTRY:
`(IHA77); Personal Care & Beauty Aids (1PE87); Cosmetics & Fragrances (1CO83))
`
`(Massachusetts (1MA15); USA (1US73); Americas (1AM92); Florida (1FL79);
`REGION:
`New England (1NE37); North America (lNO