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ALLIGATOR CO. v. CIAROCHI

November 22, 1950

ALLIGATOR CO.
v.
CIAROCHI



The opinion of the court was delivered by: MCGRANERY

Plaintiff has filed a motion that defendant be adjudged in contempt of an order of this Court for failure to obey an injunction. The facts, briefly, are found as follows:

1. On November 24, 1947 a consent judgment was entered against the defendant, containing an injunction preventing the defendant.

 (a) From using or displaying, in connection with the advertising and sale of belts, tie clips and other articles of apparel or adornment, the word 'alligator' prominently and distinctively; or in any other manner, except as it may occur without emphasis in the body of a paragraph; or except as it may occur in the phrase 'made of alligator leather', 'genuine imported alligator leather', or the like; or except as it may occur unemphasized in a sentence or words indicating its use in its primary, dictionary sense; or, except as it may be preceded by a prominently and distinctively displayed trade-mark or trade name belonging to defendant.

 (b) From otherwise infringing plaintiff's registered trade-mark Alligator.

 (c) From using or displaying the designations 'The House of Alligator' and 'The House of Alligator Leather Accessories', or any other designation serving to identify defendant, or his business, or good will, which contains the word 'alligator', except as it may form a part of the phrase 'made from alligator leather', or the like.

 (d) From otherwise unfairly competing with plaintiff by the use of advertisements in which the word 'alligator' is so used as to cause the public to infer there is a trade connection between defendant and plaintiff.

 2. Subsequently to the date of the consent decree:

 (a) defendant has used and displayed the designation 'The House That Alligator Leather Built' to identify defendant, and his business and his goodwill;

 (b) defendant has used and displayed the designation 'Quoth The Alligator' 'I'd Give My Life To Be A Styligator" to identify defendant, and his business and his goodwill;

 (c) defendant has used and displayed the phrase 'The Only Alligator Belt Specialist in America', in connection with the advertising and sale of belts;

 (d) defendant has used and displayed the phrase 'Handsome Alligator Belt' and the phrase 'Alligator Belts', in connection with the advertising of belts; of belts;

 (e) defendant has used and displayed the designation 'Styligator' in connection with the advertising and sale of belts, wallets and other articles of apparel and adornment.

 Discussion

 The designation 'The House That Alligator Leather Built' is clearly a violation of paragraph (c) of the injunction. The phrase is pantently a colorable variation of the enjoined designations 'The House of Alligator Leather' and 'The House of Alligator Leather Accessories'. ...


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