Societe Comptoir de L'Industrie Cotonniere Etablissements Boussac v. Alexander's Department Stores, Inc.

299 F.2d 33 (1962)

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Societe Comptoir de L'Industrie Cotonniere Etablissements Boussac v. Alexander’s Department Stores, Inc.

United States Court of Appeals for the Second Circuit
299 F.2d 33 (1962)

SH

Facts

Societe Comptoir de L’Industrie Cotonniere Etablissements Boussac (Societe) (plaintiff) was a group comprised of domestic and foreign corporations doing business under the registered trademarks Dior and Christian Dior. Alexander’s Department Stores, Inc. (Alexander’s) (defendant) was the owner of a line of department stores known for its discount prices. Alexander’s used the trademarks Dior and Christian Dior to promote the sale of garments lawfully copied from Societe’s designs. The garments were described in newspapers, fashions shows, and on labels attached to such garments as “Original by Christian Dior – Alexander’s Exclusive – Paris – Adaptation.” Societe brought suit against Alexander’s for trademark infringement, seeking a preliminary injunction to enjoin Alexander’s use of the trademarks Dior and Christian Dior. The district court denied the motion, concluding that no attempt had been made to deceive purchasers and that no confusion or deception existed with respect to the garments being sold. Societe appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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