Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

In A. Bourjois & Co. v. Katzel, the U.S. Supreme Court determined that the actions of the defendant as an importer of cosmetics from a

In A. Bourjois & Co. v. Katzel, the U.S. Supreme Court determined that the actions of the defendant as an importer of cosmetics from a common French source violated the plaintiff's trademark. How are the case compatible? Please ensure you look at the facts of the case and the legal reasoning and that you understand HOW the facts relate to the legal principles.

image text in transcribed
Intellectual Property Case Bourjois & Co. v. Katze1360 US. 689 (1923) United States Supreme Court I. IRAC Analysis: Plaintiff is the US assignee of a trademark from a cosmetics company of French. After that, the French company still produced the same goods as what it sold to Plaintiff. Katzel took advantage of the exchange rate, imported products from France and continue sell it under the trademark of the plaintiff in the US. 2. Rule: Trademark law to parallel imports 3. Application: The Supreme Court based on the conclusion of selling products in the grey market violated the US. trademark law of the French company. Katzel claimed that the using the trademark of the French company is a correct action and it's not the cause of customer misunderstanding. Conversely, according to the by public understanding, the goods came from the plaintiff, Bourjois although it's not made it. Besides, the court pointed out that the origin goods must belong to the plaintiff and must be only sold by the plaintiff. The Katzel's action reduced the reputation of the plaintiff. 4. Conclusion: The Court concluded that the French didn't have permission to authorize for other companies selling products because it did not produce anymore. The Sopreme Court declined the decision of the US. Court of Appeals not to provide a preliminary injunction for the plaintiff

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Essential Criminal Law

Authors: Matthew Lippman

3rd Edition

154435598X, 978-1544355986

More Books

Students also viewed these Law questions

Question

What is a trigger and how can it be used effectively?

Answered: 1 week ago

Question

=+2 Identify the treatment and response.

Answered: 1 week ago