Parfumerie Roger & Gallet v. M. C. M. Co.

We assume arguendo that both the trade-marks, “Bouquet des Amours” and “Eleurs d’Amours,” are proper marks of origin, acquired by valid user, and that the Trade-Mark Convention of April 19,1869, did not invalidate them. Granting so much, in our judgment the plaintiff has failed to prove any infringement of either by the use of “Charme d’Amour,” or of “Caresse d’Amour.” Prima facie, the source of origin of the products sold under them is indicated by the mark taken as a whole; one who uses less than that whole may perhaps infringe, but, if so, it must appear that the part he has taken…