Legal Opinion

Douglas v. Mod-Urn Cheese Packing Co.

New York Supreme Court

Decided June 10, 1936PublishedCited by 5 opinions

1Opinion of the CourtCollins, J.

As indicated on the trial, I am of the opinion that the plaintiff is entitled to the relief prayed for. To permit the defendants to continue to market its cheese as genuine Roquefort would not only be allowing them to enrich themselves at the plaintiff’s expense, but it would be an imposition upon the cheese-purchasing public. A buyer of Roquefort cheese naturally assumes that he is receiving the cheese made in the Roquefort, France, district, in accordance with the peculiar process there employed. Thus, “ Roquefort ” has acquired a secondary meaning. No one should object to his product being…

2Cases cited1 opinion

  1. Issaia v. Russo-Asiatic BankNew York Supreme Court · 1935

3Cited by5 opinions

  1. California Apparel Creators v. Wieder of California, Inc.Court of Appeals for the Second Circuit · 1947
  2. Community of Roquefort v. William Faehndrich, Inc.Court of Appeals for the Second Circuit · 1962
  3. Community Of Roquefort v. William Faehndrich, Inc.Court of Appeals for the Second Circuit · 1962
  4. Community of Roquefort v. William Faehndrich, Inc.District Court, S.D. New York · 1961
  5. California Apparel Creators v. Wieder of California, Inc.Court of Appeals for the Second Circuit · 1947

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