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VIDAL JEANS, INC. v. BONJOUR PARIS FASHIONS, INC.

72 A.D.2d 731 (1979)

Vidal Jeans, Inc. Respondent, v. Bonjour Paris Fashions, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1979

It has long been recognized that in order to recover plaintiff must establish an exclusive right to the trade-mark by reason of prior appropriation. (Clode v Scribner's Sons, 200 App Div 532.) It appears from the present record that appellant utilized the mark "Vidal" prior to the date upon which plaintiff (which failed to submit a brief hereon) was...

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