Caron Corporation v. v. VIVAUDOU

LEARNED HAND, District Judge.

This is a suit upon a registered trade-mark, “Nareisse Noir,” for a scent, and upon unfair competition in the defendant’s make-up. The plaintiff applied for an injunction pendente lite, and voluminous affidavits were exchanged, concerned for the most part with the trade-mark, which, though it means “Black Narcissus,” was alleged to have acquired a secondary meaning. The District Judge declined to grant any injunction against the use of the defendant’s trade-names, “Narcisse Jaune” and “Narcisse de Chine,” but did enjoin the defendant’s make-up. the plaintiff did…