A. BOURJOIS & CO., INC. V. KATZEL, 260 U. S. 689 (1923)

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U.S. Supreme Court

A. Bourjois & Co., Inc. v. Katzel, 260 U.S. 689 (1923)

A. Bourjois & Co., Inc. v. Katzel


Argued January 8, 1923

Decided January 29, 1923

260 U.S. 689


A foreign manufacturer and vendor of face powder sold to the plaintiff its business and goodwill in this country, together with its trademarks, registered under the Trade Mark Act; the plaintiff

Page 260 U. S. 690

re-registered the marks and went on with the business here under the old name, buying the powder from the original concern abroad and selling it in boxes bearing the trademark, and so built up a profitable trade, the public associating the marks with the plaintiff's goods. The defendant bought and imported the product of the foreign concern in its genuine boxes, which bore labels closely resembling those of the plaintiff, and sold it here. Held that such sales were an infringement of the plaintiff's trademarks, and that a preliminary injunction was proper under §§ 17 and 19 of the Trade Mark Act. P. 260 U. S. 691.

275 F.5d 9 reversed.

Certiorari to a decree of the circuit court of appeals reversing an order of the district court granting a preliminary injunction in a suit to restrain infringement of trademarks.

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