RICHARD CO. v. SWISS PINE IMPORTING CO.


11 Misc.2d 210 (1958)

Andre L. Richard Co., Inc., Plaintiff, v. Swiss Pine Importing Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

April 29, 1958.


Attorney(s) appearing for the Case

Jack Last for plaintiff.

Gainsburg, Gottlieb, Levitan & Cole for defendant.


ARON STEUER, J.

Plaintiff markets a product called "Lavender Mist" which is a lavender-scented spray for linens, closets and the like. Defendant has come on the market with a product to be similarly used called "Lavender Sachet Mist". Plaintiff seeks to enjoin the use of that name.

"Lavender" is a descriptive word of the scent and color of the flower of the same name. No exclusive rights to its use in connection with a product so scented or colored...

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