General
LA REPUBLIQUE FRANCAISE et al. v. HEGEMAN et al.
116 F. 1021·United States Circuit Court for the Southern District of New York·1902
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Opinion
LA REPUBLIQUE FRANCAISE et al. v. HEGEMAN et al.
(Circuit Court, S. D. New York.
June 12, 1902.)
In Equity. Final hearing on pleadings and proofs to enjoin the use of the words “Vichy” and “Grande Grille” on packages and in advertisements of certain salts of bicarbonate of soda manufactured in this country by the Keasbey & Mattison Company.
Archibald Cox and Charles Bulkley Hubbel, for complainant.
Edward K. Jones, for defendant.
[MAJORITY — LACOMBE, Circuit Judge.]
LACOMBE, Circuit Judge.
It seems unnecessary to add anything to the discussion of the questions here presented, which will be found in the various decisions in this circuit reported. La Republique Francaise v. Schultz (C. C.) 94 Fed. 500, affirmed 42 C. C. A. 233, 102 Fed. 153; Same v. Saratoga Vichy Springs Co. (C. C.) 99 Fed. 733, Id., 46 C. C. A. 418, 107 Fed. 459. There is no material difference -in the facts. In accordance with the principles laid down in the case last cited, complainant may take an injunction against the further use of the words “Grande Grille,” and against the further use of the words “Vichy Salts,” unless either the word “artificial,” or the words indicating the name of the manufacturers, shall be printed in type as large and as conspicuously displayed as are the words “Vichy Salts.” Complainant is not entitled to recover either damages ■or profits for past sales, and, since neither side has entirely prevailed, decree will not award costs to either.