West Headnote of the Day – March 19, 2010

March 19, 2010

West's Key 382T Trademarks
West's Key 382TVIII Violations of Rights
West's Key 382TVIII(A) In General
West's Key 382Tk1423 Particular Cases, Practices, or Conduct
West's Key 382Tk1429 Use on Genuine Goods; Resale Under Original Marks or Name
West's Key 382Tk1429(2) k. Repaired, Rebuilt, or Altered Goods.

Defendants selling mixture composed of about 50 per cent. cream cheese and 50 per cent. Roquefort cheese, designated as “Roquefort Spread,” without indicating proportion of genuine Roquefort cheese therein, held guilty of unfair competition, since word “Roquefort” has acquired a secondary meaning as standing for cheese produced solely at Roquefort, France.
Douglas v. Mod-Urn Cheese Packing Co., 290 N.Y.S. 368 (N.Y. Sup. Ct. 1936)

382T Trademarks