Magnum Import Co v. Coty Cohn v. Same Baum v. Same Ivory Novelties Trading Co v. Same Magnum Import Co v. Houbigant, 978
| Decision Date | 07 May 1923 |
| Docket Number | No. 979,No. 981,No. 980,No. 982,No. 978,978,979,980,982,981 |
| Citation | 43 S.Ct. 531,262 U.S. 159,67 L.Ed. 922 |
| Parties | MAGNUM IMPORT CO. v. COTY. COHN v. SAME. BAUM et al. v. SAME. IVORY NOVELTIES TRADING CO., Inc., v. SAME. MAGNUM IMPORT CO. v. HOUBIGANT, Inc |
| Court | U.S. Supreme Court |
Mr. Charles H. Tuttle, of New York City, for petitioners.
Mr. Asher Blum, of New York City, for respondent Coty.
Mr. Geo. S. Hornblower, of New York City, for respondent Houbigant, Inc.
All these cases involved the question how far the purchasers of perfumes made by manufacturers whose perfumes have gained a high reputation with the public may use the name and trade-mark of such manufacturers in rebottling or repacking and selling them, when as claimed by the manufacturers and owners of the trade-mark, the process of rebottling and repacking injures the perfumes and impairs the value of the trade-mark and the reputation of the manufacturers. In a case presenting a similar question, to wit, Prestonettes, Inc., v. Coty, No. 793, 260 U. S. 720, 43 Sup. Ct. 250, 67 L. Ed. ——, October Term, 1922, January 22, 1923, this court granted a writ of certiorari, and applications in the above entitled cases are now pending. They are also before us on petitions praying that this court issue orders suspending the operation of the decrees of the Circuit Court of Appeals and that, pending the applications for certiorari in this court, we restore the temporary injunctions of the District Court which the Circuit Court of Appeals enlarged.
The District Court found that the defendants in all these cases were infringing the rights of the complainants in their trademarks and the use of their trade-names but thought it sufficient to permit the defendants to continue their rebottling and repacking of complainants' perfumes and powders if, in the form in which resold, the bottles or boxes bore a legend reciting all the facts and not giving any more prominence to the fact that these were complainants' perfumes or powders than to the fact that they had been rebottledand repacked by defendants. The Circuit Court of Appeals found that such rebottling and repacking as done by defendants so impaired the delicate odors and qualities of the perfumes and powders that it unlawfully injured the right of the complainants in their trade-marks and business, that such rebottling and repacking and resale with the use of the original manufacturer's trade-mark and name were a violation of a criminal statute of the state of New York, that the proposed inspection of defendants' rebottling and rep cking with a view to preserving the excellence of the perfumes and powders would entail such expense and burden upon complainants as to be impracticable, and that the only complete and satisfactory remedy to which complainants were entitled was an injunction against the use of the complainants' trade-marks or names upon the rebottled or repacked articles for sale, and the temporary injunctions granted by the District Court were accordingly modified and the case was remanded to the District Court for final hearing. Applications were then made to the Circuit Court of Appeals to stay the mandate and to grant an application upon proper bond to suspend its modification of the District Court's orders until applications for certiorari and motions for a suspending order could be made to this court. After full consideration, these motions were denied by the Circuit Court of Appeals, its mandate has gone down and the injunctions as enlarged by it are now in force. Meantime these applications for certiorari have been made here, and in advance of our consideration of them in due course, motions for the suspension of the orders of the Circuit Court of Appeals have been presented to us on affidavits and heard, and are now to be decided.
It is objected for Houbigant, one of the respondents in these petitions for certiorari, that this court has no jurisdiction to suspend the operation of the order or decree of the Circuit Court of Appeals pending a petition for certiorari and before it is granted. The cases of In re Massachusetts, 197 U. S. 482, 25 Sup. Ct. 512, 49 L. Ed. 845, In re Glaser, 198 U. S. 171, 25 Sup. Ct. 653, 49 L. Ed. 1000, and McIntire v. Wood, 7 Cranch, 504, 3 L. Ed. 420, are cited to this point. They are wholly without application. The first two were cases pending in inferior courts which, under the Constitution and the statutes of the United States could never, by any possibility,...
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