Jung v. Société Anonyme de la Distillerie de la Liqueur Benedictine de L'Abbaye de Fecamp

Fifth Circuit

Jung v. Société Anonyme de la Distillerie de la Liqueur Benedictine de L'Abbaye de Fecamp

242 F. 267, 155 C.C.A. 107, 1917 U.S. App. LEXIS 1883

Court of Appeals for the Fifth Circuit·Decided April 30, 1917·No. No. 2941·Published

Opinion

PER CURIAM’.

From our examination of the case we conclude that the preliminary injunction was properly issued, but as its language may be construed to restrain all use by the appellant of the words “Carduus Benedictus Herb,” and as he has a right to make a truthful statement of the herbs from which his liquor is distilled, if the statement is not so made as to constitute an imitation of a label of appellees, the injunction will be amended by adding:

“This injunction, however, is not to be construed as preventing defendant from truthfully stating on a label that Ms liquor is made from Carduus Benedictus herbs; the statement being so made as not to constitute an imitation of a label of appellees.”

The injunction issued in the case will be modified in this respect, and, as so modified, the decree is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM’.

From our examination of the case we conclude that the preliminary injunction was properly issued, but as its language may be construed to restrain all use by the appellant of the words “Carduus Benedictus Herb,” and as he has a right to make a truthful statement of the herbs from which his liquor is distilled, if the statement is not so made as to constitute an imitation of a label of appellees, the injunction will be amended by adding:

“This injunction, however, is not to be construed as preventing defendant from truthfully stating on a label that Ms liquor is made from Carduus Benedictus herbs; the statement being so made as not to constitute an imitation of a label of appellees.”

The injunction issued in the case will be modified in this respect, and, as so modified, the decree is affirmed.

Jung v. Société Anonyme de la Distillerie de la Liqueur Benedictine de L'Abbaye de Fecamp, 242 F. 267, 155 C.C.A. 107, 1917 U.S. App. LEXIS 1883 (5th Cir. 1917).

Pincite

242 F. 267 (Jung v. Société Anonyme de la Distillerie de la Liqueur Benedictine de L'Abbaye de Fecamp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.