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PARFUMERIE ROGER & GALLET v. M. C. M. CO.

Nos. 191, 192.

24 F.2d 698 (1928)

PARFUMERIE ROGER & GALLET v. M. C. M. CO., Inc. SAME v. JOHN WANAMAKER, NEW YORK, et al.

Circuit Court of Appeals, Second Circuit.

March 5, 1928.

Attorney(s) appearing for the Case

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

Howson & Howson, of New York City (K. N. Ware, of Philadelphia, Pa., and Hubert Howson and H. A. Howson, both of New York City, of counsel), for appellee Wanamaker.

Coudert Bros., of New York City (Howard Thayer Kingsbury, of New York City, of counsel), for appellee M. C. M. Co., Inc.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

We assume arguendo that both the trade-marks, "Bouquet des Amours" and "Fleurs 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...

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