La Societe Anonyme Des Parfums Le Galion v. Jean Patou, Inc. And Michael Stramiello, Jr., Collector of Customs of the Portof New York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 89 sales in 20 years was not “the kind of bona fide use intended to afford a basis for trademark protection.”
• holding that use of a trademark was not bona fide where its “real purpose” in making sales “was to establish and maintain rights in [its] trademark”
• holding that “such a meager trickle of business” as “89 sales in 20 years” did not constitute “the kind of bona fide use intended to afford a basis for trademark protection.”
• explaining that a mark will not retain protection unless its commercial use has been “deliberate and continuous, not sporadic, casual or transitory”
• explaining that because defendant’s 21 trademark registration expired and had not been renewed, plaintiff’s request for 22 cancellation of the registration was moot
• noting that ownership goes to “[t]he user who first appropriates the mark obtains on enforceable right to exclude others from using it, as long as the initial appropriation and use are accompanied by an intention to continue exploiting the mark commercially”

Source: CourtListener parenthetical corpus (CC0).