COMMUNITY OF ROQUEFORT v. WILLIAM FAEHNDRICH, INC.

No. 322, Docket 27338.

303 F.2d 494 (1962)

COMMUNITY OF ROQUEFORT, Societe Auxiliaire de L'Agriculture & de L'Industrie du Sud-ouest de La France, Societe Anonyme des Caves et des Producteurs Reunis de Roquefort, on behalf of self and all others similarly situated, and Frenex Distributors, Inc., Plaintiffs-Appellees, v. WILLIAM FAEHNDRICH, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 6, 1962.


Attorney(s) appearing for the Case

Frank O. Fredericks, New York City (Frank & Fredericks, New York City, and Lawrence W. Pollack, New York City, of counsel), for plaintiffs-appellees.

Murray I. Sommer, New York City (Sommer & Sklar, New York City), for defendant-appellant.

Before LUMBARD, Chief Judge, and SWAN and KAUFMAN, Circuit Judges.


KAUFMAN, Circuit Judge.

The Community of Roquefort (hereafter sometimes referred to as Community), a municipality in France, is the holder of a certification mark "Roquefort" for cheese, which is registered in the United States Patent Office under Section 4 of the Lanham Trade-Mark Act of 1946, 15 U.S.C.A. § 1054. Together with a French cheese exporter, another French agent, and an American cheese packaging concern, the Community filed a complaint against William...

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