Lucien Lelong, Inc. v. Dana Perfumes, Inc.

HOFFMAN, District Judge.

The original complaint herein was dismissed on motion of the plaintiff 1 but jurisdiction was retained to adjudicate a counterclaim filed by the defendant. The counterclaim sought a declaratory judgment that the defendant was entitled to use the words “solid cologne” for the labeling, packaging and advertising of cosmetics, an injunction restraining the plaintiff from threatening infringement suits against the defendant’s dealers, distributors or customers for handling the defendant's products so labeled and damages suffered by the defendant from such threats.

A short…