Community of Roquefort v. William Faehndrich, Inc.

303 F.2d 494 (1962)

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Community of Roquefort v. William Faehndrich, Inc.

United States Court of Appeals for the Second Circuit
303 F.2d 494 (1962)

SH

Facts

In 1953, the Community of Roquefort (plaintiff) obtained a certification mark so that the term “Roquefort” as applied to cheese would be limited to indicate a blue-mold sheep’s milk cheese that had been produced in the natural limestone caves of the Community of Roquefort in France. Since obtaining the mark, the community had been diligent in protecting it. Then, in 1960, William Faehndrich, Inc. (defendant) imported and sold in the United States a blue-mold sheep’s milk cheese labeled as “Imported Roquefort Cheese,” but which had been produced in Hungary and Italy. When Faehndrich prepared the cheese for resale, the labels stating “Product of Hungary” and “Product of Italy” were replaced with labels stating “Imported Roquefort Cheese,” without any other indication of origin. The community brought suit against Faehndrich for infringement of its certification mark, and also sought to enjoin Faehndrich from selling cheese not produced in accordance with that mark but labeled or represented as “Imported Roquefort Cheese.” The district court granted the community’s motion for summary judgment and issued a permanent injunction against Faehndrich’s continued infringement of the mark. Faehndrich appealed.

Rule of Law

Issue

Holding and Reasoning (Kaufman, J.)

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