A. Bourjois & Co. v. Katzel

260 U.S. 689 (1923)

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A. Bourjois & Co. v. Katzel

United States Supreme Court
260 U.S. 689 (1923)

SH

Facts

A. Bourjois (plaintiff) purchased for a large sum the United States business, including the goodwill and trademarks, of a French face powder manufacturer. Thereafter, A. Bourjois continued to sell the imported French face power in the United States, using a similar box and label as its predecessors, but taking pains to conduct its sales efforts in a fashion suitable for Americans. The business did so well that the public understood the box and labels to mean the face powder of A. Bourjois. Desiring to reap the benefits of a favorable exchange rate, Katzel (defendant) imported the same face powder from France and thereafter sold it in the United States using boxes and labels similar to those of A. Bourjois. The district court enjoined Katzel’s sale of the French face powder in the United States, but the Second Circuit Court of Appeals reversed after concluding that Katzel had not infringed because his product was the genuine French face powder. The United States Supreme Court grated a writ of certiorari.

Rule of Law

Issue

Holding and Reasoning (Holmes, J.)

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