The Express.
London, England, 1863-05-28 00:00:00

IRISH WHISKY.

Among the articles for the production of which
Ireland is celebrated, Kinahan's LL"' whisky has long
held a foremost plain. The method of its preparation is
only known to the heads of the firm, and is as jealously
guarded by them as soy State secret ever was. His to be
obtained in Dublin in no boom but their own, and each bottle
or jar containing it bears a label with the well known letters
prominently displayed, which are also branded no the corks.
Mr. Wm. Bolton, • grocer in Westmoreland-sbeet, Dublin,
and formerly an apprentice of the Messrs. Kinahan, has
been in the habit of selling • spirit which he distinguishes
by the name of " Bolton's LL," and as the Messrs. Kinahati
considered the use of those letters an infraction of their
rights they applied for an injunction to restrain Mr. Bolton
from further displaying them on his labels. The case was
heard before the Master of the Rolls on Tuesday, and the
matter in dn pute was thought of sufficient importance to
the talents of Serjeant Sullivan, Mr. Brewster, and
the Solicitor-General. Serjesot Sullivan, who appeared for
the petitioners, gave an intereatiegfhistory of the origin of
the title, as follows :
" Upwards of forty years ago the then Lord-Lieutenant of
Ireland, the Duke of Richmond, sent to various establish'
meats in Dublin for samples of whisky, and among others
to the establishment of the petitioners. He was so well
phew.' with their whisky that he, while Lord-Lieutenant
of Ireland, purchased large quantities of the said whisky
for his own use and the use of his household, and he gave
directions that • vat should be set apart in the establish'
meet of the firm of Kinahan and Sons for him, with the
letters' LL' and • ducal coronet painted thereon. From
that time the firm gave to the whisky so prepared the
name of ' LL' whisky, the letters being the initials for
' Lord-Lieutenant.' They did so because of the approval
then given to it by his excellency, and they had ever since
used the letters • LL' to distinguish the whisky iso prepared
by them. All the corks had, besides these letters, a ducal
coronet impreened thereon. In order to secure a sufficient
supply of whisky, the firm had set apart two vats in their
stores for the preparation of this ' LL' whisky." Serieent
Sullivan contended that the use of the distinctive trade
mark of Messrs. Rinehart, though without their name, oc
any attempt to imitate their labels, was • violation of their
mereentile right., which should be stopped by ilium'
On behalf of the respondent, the Solicitor-General un-
tended that as Mr. Boltoe had used these marks for IO years
the court, could not now interfere with him. From 10.53
down to 1862 be had advertised LL whisky 100 times, sod
whisky of LL flavour 259 times. He had those letters
placarded in his shop windows, and they were on • stained
glass lamp in frost of his shop, which must have been seen
by the members of the petitioners' firm. If they felt them.
Galva aggrieved they should have complained long ago But
he denied the letters were any trade mark, or capable el
being appropriated by anyone. Besides the respondent
swore that be never motet to lead anyone to believe that
the whisky sold by him was Kisahan a, and his advertise
manta and labels prevented all possibility of mistake on the
subject. He had likewise& trade mark of his own.
The Master of the Rolls said he had not the slighted
doubt that, under the circumstances of the case, the letters
"LL " were as much • tends mark as any ever used. if
they had been recently need for the first time, he would at
once grant an injunction against the respondent. If the
letters "LL" were a trade mark, there was no doubt that it
! this instance there bad been a piracy of them. If there tad
not been any delay be could oot refuse an injunction with-
out overruling case after case on the subject. The mono°
should stand over until the hearing of the cause, and he is-
timated his wish that the respondent should discontinue the
WO of the letters in the meantime.

THE ALILLLNDILL —We understand that iu cou-
sequence of a peering application from Messrs. Fletcher
and Hull, sol citors for the defendants in this one, for •
oopy of the informations filed the Alemodra, they
bare been furnished with • very voluminous document
comprising 98 counts, which an mere reoapitulatiooe of tin
seventh clause of the Eoliatment Act. No information al
the nature of the depositions or of the parties makiog.then
Dave been supplied. The defendants are Mn.ai Miller,
Fraser, Treoholm, and 00., Fawoett, Pfelkee. and Co..
Captains Testier, Bullock and Botcher. It is believed
that the case will come before the Exchequer Court sem
after the 13th proximo. In these proceedings the defea-
dents, under any circumstances. will have to pay their own
costa, and no indemnity is likely to be paid for the dotes•
Lion of the vessel.—Timm.

ROTA