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LA CHEMISE LACOSTE v. GENERAL MILLS, INC.

No. 72-1111.

487 F.2d 312 (1973)

LA CHEMISE LACOSTE, a French corporation, Appellant, v. GENERAL MILLS, INC., a Delaware corporation, David Crystal, Inc., a Delaware corporation and Izod, Ltd., a New York corporation as additional Defendants under Rule 19, Appellees. The ALLIGATOR COMPANY, INC., a Delaware corporation, Defendant and Third-Party Plaintiff, Appellee, v. JEAN PATOU, INC., a New York corporation, Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided September 6, 1973.

As Amended November 1, 1973.

Attorney(s) appearing for the Case

Thomas S. Lodge, Connolly, Bove & Lodge, Wilmington, Del., for plaintiff-appellant and third-party defendant; W. Brown Morton, Jr., Donal B. Tobin, Morton, Bernard, Brown, Roberts & Sutherland, Washington, D. C., of counsel.

Lewis S. Black, Jr., Morris, Nichols, Arscht & Tunnell, Wilmington, Del., for defendant, appellee.

Robert K. Payson, Potter, Anderson & Corroon, Wilmington, Del., for additional defendants, appellees; Irving Constant, Brian Bilzin, Rubin, Wachtel, Baum & Levin, New York City, Arthur H. Seidel, Allen L. Greenberg, Seidel, Gonda & Goldhammer, Philadelphia, Pa., of counsel.

Before HASTIE and ALDISERT, Circuit Judges, and DITTER, District Judge.

OPINION OF THE COURT

HASTIE, Circuit Judge.

This litigation began with a complaint filed in the district court by La Chemise Lacoste, a French corporation, against the Alligator Company, Inc., a Delaware corporation. The relief sought was a declaratory judgment that Lacoste owned a certain crocodile emblem as a trademark for toiletries and was entitled to sell toiletries bearing that emblem in the United States.

Responding to this complaint, Alligator...

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