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SOCIETE COMPTOIR DE L'INDUS., ETC. v. ALEXANDER'S DEPT. ST.

No. 125, Docket 26881.

299 F.2d 33 (1962)

SOCIETE COMPTOIR DE L'INDUSTRIE COTONNIERE ETABLISSEMENTS BOUSSAC, Christian Dior, Societe a Responsabilite Limitee, Paris, and Christian Dior New York, Incorporated, Plaintiffs-Appellants, v. ALEXANDER'S DEPARTMENT STORES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 14, 1962.

Attorney(s) appearing for the Case

Morton Amster, Amster & Levy, New York City (David L. Rayvid, Edward F. Levy and Jesse Rothstein, New York City, on the brief), for plaintiffs-appellants.

Robert E. Burns, New York City (Allan Zelnick, J. Norman Lewis, James P. Durante, Frederick E. Smithline, (Lewis, Durante & Bartel, New York City, on the brief), for defendant-appellee.

Marshall C. Berger, New York City (Sylvan Gotshal and Ira M. Millstein, Weil, Gotshal & Manges, New York City, on the brief), for Chambre Syndicale de la Couture Parisienne, as amicus curiae.

Before WATERMAN, SMITH and MARSHALL, Circuit Judges.

SMITH, Circuit Judge.

This is an appeal from denial of two separate motions for preliminary injunction seeking to enjoin the use of the names "Dior" and "Christian Dior" by defendant.

Plaintiffs' first application for a preliminary injunction alleging trademark infringement and unfair competition was denied in a reasoned opinion, Dimock, D. J., 190 F.Supp. 594 (S.D.N.Y.1961) and a subsequent motion made after additional...

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