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Chanel v. Casa Flora Co.

Decided: March 19, 1968.

CHANEL INC. AND CHANEL INDUSTRIES, INC., PLAINTIFFS-APPELLANTS,
v.
CASA FLORA COMPANY, DEFENDANT-RESPONDENT



Gaulkin, Lewis and Kolovsky. The opinion of the court was delivered by Gaulkin, S.j.a.d.

Gaulkin

[100 NJSuper Page 20] Plaintiffs (hereafter Chanel) sued to enjoin defendant from rebottling and selling plaintiffs'

"Chanel No. 5 Eau de Cologne." The trial court entered judgment in favor of defendant (94 N.J. Super. 110 (Ch. Div. 1967)) and Chanel appeals.

Chanel distributes the cologne in sealed bottles of various sizes. It claims that, at least in New Jersey, it sells only to 500 retailers selected by it, and with them it maintains a minimum resale price policy pursuant to N.J.S.A. 56:4-3 et seq. Its fair trade contracts with those retailers provide as follows (emphasis ours):

"EAU DE COLOGNE

Retail Price

Size Each

379 16 fl. oz. 17.50

378 8 fl. oz. 10.00

377 4 fl. oz. 6.00

376 2 fl. oz. 3.50

If sold by the ounce or smaller

quantity: 1 ounce or any fraction ...


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