Vaudable v. Montmartre, Inc.

193 N.Y.S.2d 332 (1959)

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Vaudable v. Montmartre, Inc.

New York Supreme Court
193 N.Y.S.2d 332 (1959)

Facts

Louis Vaudable (plaintiff) was owner and operator of a restaurant in Paris, France, named Maxim’s. Opened in 1893, Maxim’s became famous internationally and was well known in New York City. Vaudable registered a trademark for Maxim’s in the United States and sold food and merchandise with that name in the United States. Vaudable alleged that Montmartre, Inc. (defendant), which owned a newly opened restaurant in New York City, attempted to create an illusion that it was associated with Maxim’s restaurant. Specifically, Vaudable alleged that Montmartre took the name Montmartre from a Parisian subdivision, utilized the distinctive print style of the name Maxim’s, and used similar décor to Maxim’s. Vaudable filed suit against Montmartre, seeking a permanent injunction against Montmartre’s use of the Maxim’s imagery.

Rule of Law

Issue

Holding and Reasoning (Greenberg, J.)

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