March 19, 2010
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382T Trademarks |
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382TVIII Violations of Rights |
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382TVIII(A) In General |
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382Tk1423 Particular Cases, Practices, or Conduct |
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382Tk1429 Use on Genuine Goods; Resale Under Original Marks or Name |
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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)
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