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SMITH v. CHANEL, INC.

No. 21522.

402 F.2d 562 (1968)

R. G. SMITH, doing business under the name and style of Ta'Ron, Inc., and International Fragrances, Inc., Appellants, v. CHANEL, INC., and Chanel Industries, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 15, 1968.

Attorney(s) appearing for the Case

Carl Hoppe (argued) and Ernest M. Anderson, of Eckhoff & Hoppe, San Francisco, Cal., for appellants.

Dirks B. Foster, (argued) of Boyken, Mohler, Foster & Schlemmer, Robert E. Zang and Brian Fogarty, San Francisco, Cal., Landels, Ripley, Gregory & Diamond (A. C.), San Francisco, Cal., Alfred T. Lee, New York City, (argued) (A.C.), for appellees.

Before HAMLIN, BROWNING and DUNIWAY, Circuit Judges.

BROWNING, Circuit Judge:

Appellant R. G. Smith, doing business as Ta'Ron, Inc., advertised a fragrance called "Second Chance" as a duplicate of appellees' "Chanel No. 5," at a fraction of the latter's price.1 Appellees were granted a preliminary injunction prohibiting any reference to Chanel No. 5 in the promotion or sale of appellants' product.2 This appeal followed...

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