Coty, Inc. v. Le Blume Import Co.

(after stating the facts as above). When Coty began to import his scent into the United States in 1909, the word “origan” signified nothing to his American customers except the article itself. Except for d’Héraud’s statement in his affidavit that Oriza had in 1901 “shipped a perfume to the United States” under that name, there is no evidence that before 1909 any one had ever used the word in America upon any toilet scent at all. Under that name Coty has by dint of advertising built up an enormous business, from which d’Héraud and others are naturally anxious to' profit. ■ It is quite true…