TUVACHE, INC. v. EMILIO PUCCI PERFUMES INTERNATIONAL

No. 65 Civ. 3730.

263 F.Supp. 104 (1967)

TUVACHE, INC., Plaintiff, v. EMILIO PUCCI PERFUMES INTERNATIONAL, INC., and L. E. R. Distributing Corp., Defendants.

United States District Court S. D. New York.

January 19, 1967.


Attorney(s) appearing for the Case

Stern & Reubens, New York City, Harry Buchman, New York City, of counsel, for plaintiff.

Curtis, Mallet-Prevost, Colt & Mosle, New York City, Brumbaugh, Free, Graves & Donohue, New York City, of counsel, for defendant Emilio Pucci Perfumes International, Inc.


OPINION

MANSFIELD, District Judge.

Plaintiff has moved this Court for an order staying this action pending a final determination by the Trademark Trial and Appeal Board of the United States Patent Office (hereinafter "Trademark Board") as to the registrability of the marks "Vivara" and "Emilio Pucci Vivara" which defendant Emilio Pucci Perfumes International, Inc. (hereinafter "Pucci") has widely used on its perfume, cologne and other similar products distributed...

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