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CARON CORPORATION v. V. VIVAUDOU

No. 228.

4 F.2d 995 (1925)

CARON CORPORATION v. V. VIVAUDOU, Inc.

Circuit Court of Appeals, Second Circuit.

January 5, 1925.

Attorney(s) appearing for the Case

Mark Eisner, of New York City (Harry D. Nims, Minturnde S. Verdi, and Irwin M. Berliner, all of New York City, of counsel), for appellant.

Evarts, Choate, Sherman & Leon, of New York City (Joseph H. Choate, Jr., and Maurice Leon, both of New York City, of counsel), for appellee.

Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

LEARNED HAND, District Judge.

This is a suit upon a registered trade-mark, "Narcisse 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...

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