Smith v. Chanel, Inc. 402 F.2d 562, (9th Cir. 1968) Chanel made a popular, expensive perfume called "Number 5." Smith started making perfume that smelled almost exactly the same, and started selling it a lot cheaper. In addition, Smith wrote on the box that his perfume smelled just like Number 5. Chanel sued. Chanel couldn't sue on the grounds that Smith had copied the 'smell' of their product, because perfume and fragrances were not copyrightable. Chanel argued that Smith couldn't openly advertise that they had made a copy of Chanel's product, even if it was legal for them to actually make the copy. The Court found for Smith. The Court found that it was legal for Smith to claim in advertisements that its product was the equivalent of Chanel's. The Court found that, "disapproval of the copyist's opportunism may be an understandable first reaction, but by taking a free ride, the copyist serves an important public interest by offering comparable goods at lower prices."