Wertheimer v. Batcheller Importing Co.
District Court, S.D. New York
In Equity. Bill by Ernest Wertheimer and another against the Batcheller Importing Company. On motion for preliminary injunction.
1Opinion of the Court
LACOMBE, Circuit Judge.
Although the word “Java” is a geographical name, the evidence shows that for very many years.it has, when used in connection with the words “Poudre de Riz,” acquired a secondary meaning as indicating a variety of perfumed face powder compounded and sold by complainant. The phrase “Poudre de Riz de Java” is apparently no more a statement that the rice used in it was grown on the island of Java than the use of the phrase “Eau de Cologne” imports that the liquid perfume thus designated was made at Koln am Rhein. The court is not persuaded to believe that defendant labeled…
2Cited by4 opinions
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- A. Bourjois & Co. v. KatzelCourt of Appeals for the Second Circuit · 1921
- Atlantic Monthly Company v. Frederick Ungar Publishing Co.District Court, S.D. New York · 1961
- A. Bourjois & Co. v. KatzelDistrict Court, S.D. New York · 1920