Citations
- 104 F.2d 683
Full opinion text
BREWSTER, District Judge.
These are cross-appeals from a decree of the District Court dismissing the bill of complaint. In this opinion the Renaud Sales Company, Inc., will be referred to as the plaintiff, and John H. Davis as defendant.
The District Court granted a temporary injunction upon condition that the plaintiff give a bond as ordered. A bond was given in the sum of $4,000 upon condition that “if the said Renaud Sales Co., Inc., is successful on the hearing on the merits and the said injunction is made permanent, this bond shall be null and void, but if it should turn out after the hearing on the merits that the temporary injunction about to issue ought not to have issued,” the plaintiff would pay the defendant as liquidating damages the sum of $2,-000 and such further sum up to $4,000 as should be adequately proved to be the costs and damages of the defendant.
It appears from the record that in 1924 the defendant caused to be organized, under the laws of Massachusetts, a corporation with the corporate name of “Renaud et Cie of America”. This corporation obtained the rights to sell and did sell in the United States the so-called Renaud perfumes and extensively advertised them, featuring “Renaud-Paris-1817”. The corporation also registered as a trademark the word