Alfred Dunhill v. Interstate Cigar Co., 490 F.2d 232 (1974) p.72

SUBJECT

trademark infringement

FACTS

Defective cigars were shipped to P. Opted to allow salvager to resell the the cigars. P wanted salvager to remove Dunhill trademark and mark the cigars as water damaged.

RATIONAL

Since Dunhill had the opportunity to control the cigars and did not do anything, then the cigars can be sold as is.

NOTES

Court seems to be ignoring the consumer here. Because the cigars could be sold as is and the consumer would think they are in good condition but really are not in good condition.

Created on: Thursday, January 13, 2000 at 18:43:48 (PST)