Lanvin Parfums, Inc. v. Le Dans, Ltd.

Breitel, J. P.

Involved on this appeal is the question whether the rebottling and resale of plaintiff’s trade-marked products, consisting of colognes and toilet waters, were illegal, although the new bottles and thez labels which they bore made complete disclosure of the fact of rebottling and that the rebottler had no connection with the manufacturer or plaintiff. The question arises on a motion addressed to the legal sufficiency of the complaint (Rules Civ. Prac., rule 106). Plaintiff’s pleading seeks an injunction and damages against defendant rebottlers and their principar officers.…