Mulhens & Kropff, Inc. v. Ferd. Muelhens, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
SWAN, Circuit Judge.
The very thorough and able opinion of the District Court sets forth the facts in great *938detail. We shall repeat them only so far as seems necessary to outline the controversy and to present the questions which we deem decisive of this appeal.
The litigation is between two New York corporations, each using, and claiming the right to use, the trade-mark “4711” upon eau de cologne and other toilet preparations. For almost one hundred and forty years the Muelhens family of Cologne, Germany, has been engaged in manufacturing eau de cologne under a secret recipe handed down from…
2Cases cited2 opinions
- Baglin v. Cusenier Co.Supreme Court of the United States · 1911
- Baldwin v. Von MicherouxNew York Supreme Court · 1893
3Cited by11 opinions
- Menendez v. Saks And CompanyCourt of Appeals for the Second Circuit · 1973
- Bambu Sales, Inc. v. Sultana Crackers, Inc.District Court, E.D. New York · 1988
- Pepsico, Inc. v. The Grapette Company, Inc., and Grapette-Aristocrat, Inc.Court of Appeals for the Eighth Circuit · 1969
- Menendez v. Faber, Coe & Gregg, Inc.District Court, S.D. New York · 1972
- Clark & Freeman Corp. v. Heartland Co. Ltd.District Court, S.D. New York · 1993
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