Smith v. Chanel, Inc.
United States Court of Appeals for the Ninth Circuit
402 F.2d 562 (1968)
Relevant factsFree
Smith (plaintiff) manufactured a perfume, "Second Chance," openly marketed and labeled as a duplicate of Chanel's (defendant) famous "Chanel No.5," with advertising daring consumers to detect any difference; Chanel conceded the packaging and labeling weren't misleading and that Smith could lawfully copy the unpatented formula, but the district court still found trademark infringement based on Smith profiting from Chanel's goodwill.
IssueFree
Whether a manufacturer who has copied an unpatented but trademarked product can use that trademark in advertising to identify the product that has been copied.