Legal Opinion

Wertheimer v. Batcheller Importing Co.

District Court, S.D. New York

Decided April 7, 1911PublishedCited by 4 opinions

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

  1. Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
  2. A. Bourjois & Co. v. KatzelCourt of Appeals for the Second Circuit · 1921
  3. Atlantic Monthly Company v. Frederick Ungar Publishing Co.District Court, S.D. New York · 1961
  4. A. Bourjois & Co. v. KatzelDistrict Court, S.D. New York · 1920

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API