R. G. Smith, Doing Business Under the Name and Style of Ta'ron, Inc., and International Fragrances, Inc. v. Chanel, Inc., and Chanel Industries, Inc.

• Appellant R. G. Smith, doing business as Ta’Ron, Inc., advertised a fragrance called “Second Chance” as a duplicate of appellees’ “Chanel No. 5,” at a fraction of the latter’s price. Appellees were granted a preliminary injunction prohibiting any reference to Chanel No. 5 in the promotion or sale of appellants’ product. This appeal followed.

The action rests upon a single advertisement published in “Specialty Salesmen,” a trade journal directed to wholesale purchasers. The advertisement offered “The Ta’Ron Line of Perfumes” for sale. It gave the seller’s address as “Ta’Ron Inc., 26 Harbor Cove, Mill Valley, Calif.” It stated that the Ta’Ron perfumes “duplicate 100% perfect the exact scent of the world's finest and most expensive perfumes and colognes at prices that will zoom sales to volumes you have never before experienced!” It repeated the claim of exact duplication in a variety of forms.

The advertisement suggested that a “Blindfold Test” be used “on skeptical prospects,” challenging them to detect any difference between a well known fragrance and the Ta’Ron “duplicate.” One suggested challenge was, “We dare you to try to detect any difference between Chanel #5 (25.00) and…