Lance Carson
Mary Garden, a Scottish soprano, sued Parfumerie Rigaud, Inc. in 1937, claiming that the company had failed to secure consent to register her name and portrait as a trademark for their perfume line. The court ruled in her favour, noting that while she had consented to the use of her name for a specific perfume, Rigaud had exceeded the scope of that permission by creating a full line of cosmetics and personal care products bearing her name and image. This line included items such as cold cream, talc, face powder, and even smelling salts.
| Characteristics | Values |
|---|---|
| Celebrity Fragrance | Mary Garden, a Scottish soprano |
| Manufacturer | Rigaud, Paris and New York |
| Year | 1910 |
| Distributor | George Borgfeldt & Co. |
| Scent | Flower fragrance |
| Other products in the line | Cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, breath mints, toothpaste, and mouthwash |
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What You'll Learn
- Rigaud's Mary Garden perfume was an early celebrity fragrance
- The scent was described as an enchanting atmosphere of flower fragrance
- Rigaud sold Mary Garden-branded cosmetics without permission
- Mary Garden sued Rigaud for trademark infringement
- Rigaud lost the case but continued to sell candles with the brand name
Rigaud's Mary Garden perfume was an early celebrity fragrance
By the end of the 19th century, Rigaud perfumes were being sold worldwide. In 1910, Rigaud began producing a line of cosmetics and toiletries under the name of Mary Garden, a Scottish soprano and celebrity of the day. This included perfume, cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, smelling salts, breath mints, toothpaste, and mouthwash.
Mary Garden perfume was an early celebrity fragrance, with Rigaud's celebrities being opera stars—the "big names" of the time. The Rigaud stable of celebrities included Geraldine Farrar, an American soprano; Emma Trentini, an Italian soprano; and Carolina White, another American soprano.
The perfume was advertised as providing "an enchanting atmosphere of flower fragrance". The face powder was also advertised as:
> "This downy powder, soft and smooth as the velvet on a butterfly's wing, will make your complexion as transparently lovely as Mary Garden's. Sold by the best shops everywhere in a special box, in all tints, at one dollar."
However, in 1937, Mary Garden sued Rigaud for not properly licensing her name and image. A US court found in her favour, stating that while she had consented to her name being used for a perfume, Rigaud had failed to secure consent to register her name and portrait as a trademark.
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The scent was described as an enchanting atmosphere of flower fragrance
Mary Garden, a Scottish soprano, had a perfume named after her by Rigaud, a French perfumerie. The perfume was released in 1910 and was an early example of a celebrity fragrance. The scent was described as an "enchanting atmosphere of flower fragrance".
Rigaud perfumes were sold worldwide by the end of the 19th century. In 1914, Henri Rigaud became the sole proprietor of the perfumery, which then became known simply as "Rigaud". The Mary Garden perfume was manufactured at 16 rue de la Paix, Paris, and solely distributed in America by George Borgfeldt & Co.
Advertisements for the perfume stated that it "enshrines one with an enchanting atmosphere of flower fragrance". The scent was so popular that Rigaud created a whole line of Mary Garden cosmetics and personal care accessories, including cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, smelling salts, breath mints, toothpaste, and mouthwash.
However, Mary Garden sued Rigaud in 1937 for not properly licensing her name and image. The court found in her favour, stating that while she had consented to the use of her name in connection with the perfume, Rigaud had failed to secure the consent needed to register her name and portrait as a trademark.
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Rigaud sold Mary Garden-branded cosmetics without permission
Rigaud, a French perfumerie, introduced celebrity fragrances in the early 20th century, including Mary Garden Perfume, named after the Scottish soprano. The fragrance was launched in 1910 and was marketed with the tagline, "Mary Garden Perfume enshrines one with an enchanting atmosphere of flower fragrance."
Rigaud also sold a range of Mary Garden-branded cosmetics and personal care accessories, including cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, smelling salts, breath mints, toothpaste, and mouthwash.
However, it appears that Rigaud may have exceeded the permissions granted to them in licensing Mary Garden's name. In 1937, Garden sued Parfumerie Rigaud, Inc. in the United States, arguing that while she had consented to the use of her name in connection with a specific perfume, Rigaud had failed to obtain the necessary consent to register her name and portrait as a trademark. The court ruled in Garden's favor, acknowledging that Rigaud had indeed overstepped the boundaries of their licensing agreement.
This case highlights the importance of intellectual property rights and the need for companies to secure proper licensing before using an individual's name and likeness for commercial purposes. It serves as a reminder that celebrities and public figures have the right to control how their names and images are used in the marketplace.
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Mary Garden sued Rigaud for trademark infringement
Mary Garden, a Scottish soprano, sued Rigaud for trademark infringement in 1937. The case, Garden v. Parfumerie Rigaud, Inc., was heard in a U.S. court, which found in Garden's favour.
Rigaud had been creating celebrity fragrances since the early 20th century, and in 1910, they began producing a range of cosmetics and toiletries bearing the name and image of Mary Garden. This included perfume, cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, smelling salts, and breath mints.
While Garden had consented to the use of her name and image in connection with a particular perfume, Rigaud had failed to secure the necessary consent to register her name and portrait as a trademark. The court held that gratuitous consent to the use of one's name and portrait is revocable at any time, and that Rigaud's trademark was invalid without Garden's consent.
The case had a significant impact on Rigaud's business, as they had invested heavily in popularising the Mary Garden brand. However, the outcome of the case set a precedent for trademark law, establishing that consent to use a person's name and image for commercial purposes can be revoked, even if the other party has already taken action based on that consent.
Overall, the Mary Garden v. Parfumerie Rigaud, Inc. case highlights the importance of proper licensing and trademark registration when using a celebrity's name and image for commercial purposes. It also demonstrates the legal rights of individuals to control the use of their name and likeness, even if they have previously consented to its use.
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Rigaud lost the case but continued to sell candles with the brand name
Mary Garden, a Scottish soprano, sued Rigaud in 1937 (Garden v. Parfumerie Rigaud, Inc.) for using her name and image without proper licensing. The court ruled in her favour, stating that while she had consented to her name being used for a specific perfume, Rigaud had not obtained the necessary consent to register her name and portrait as a trademark. Despite losing the case, Rigaud continued to sell products under the Mary Garden brand name, including candles, which became the primary focus of their business.
Rigaud, originally Veuve Rigaud, was a French perfumery that became solely owned by Henri Rigaud in 1914, and the name was subsequently changed to simply "Rigaud." The company created celebrity fragrances featuring opera stars of the day, including Mary Garden. In addition to the perfume, Rigaud produced a range of Mary Garden-branded cosmetics and personal care items, such as cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, smelling salts, breath mints, toothpaste, and mouthwash.
The Mary Garden perfume was advertised as providing "an enchanting atmosphere of flower fragrance." Similarly, the face powder was marketed as:
> "This downy powder, soft and smooth as the velvet on a butterfly's wing, will make your complexion as transparently lovely as Mary Garden's."
Rigaud's decision to continue using the Mary Garden brand name after losing the lawsuit highlights the company's persistence in leveraging the celebrity association despite legal setbacks. This persistence eventually led to the creation of scented candles, which became the cornerstone of their business, demonstrating their ability to adapt and evolve their product offerings.
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Frequently asked questions
Rigaud created a whole line of Mary Garden cosmetics and personal care accessories, including the perfume, cold cream, talc, face powder, toilet water, sachet powder, brillantine, lipstick, eyebrow pencil, smelling salts, breath mints, toothpaste, and mouthwash.
The perfume was an early example of a celebrity fragrance, with Scottish soprano Mary Garden lending her name and face to the product.
The fragrance was described as "an enchanting atmosphere of flower fragrance."
The perfume was released in 1910.
Yes, Mary Garden sued Rigaud in 1937 for not properly licensing her name and image. The court found in her favour, stating that while she had consented to her name being used for a perfume, Rigaud had failed to secure consent to register her name and portrait as a trademark.
