LaTouraine Coffee Co. v. Lorraine Coffee Co.

It is well to say at the outset that, as I shall try to show later, I think that the “atmosphere,” unfavorable to defendants, described by my colleagues, is non-existent —that, on the basis of record facts not mentioned by my colleagues, the trial judge’s finding of Eben’s lack of bad faith is by no means “clearly erroneous.” There should be noted, too, a factor which, as I shall also try to show later, is related to Eben’s good faith: The trial judge in his opinion explicitly found that plaintiff had failed to prove acquisition of a “secondary meaning”; the plaintiff does not contest that…