Tanqueray Gordon & Co. v. Gordon

CLARK, District Judge.

This is another instance of that type of-'litigation which this court, mentally at least, always refers to as the “rose cases.” In other words, we are called upon to answer Juliet’s immortal question. Beyond the confines of warranty lies a vast field of comparative merit. To make that comparison more intelligent and less odious requires more than personal trial and error. The prospective purchaser is entitled to a prospect and by the same token that prospect requires an accurate identification. It is on this theory that the law of trade-marks and trade-names. and their…