New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-01-25
LAW INTELLIGENCE
SUPERIOR COURT-Bef5re-Juigs BoswoKra.
INgRiSCEAENr OF Trademark on A. sEisssrrEs
BRAsDY.

SUPERIOR COURT-Bef5re-Juigs BoswoRra.
IMPRISONMENT OF rRADE-aA2E on A. sEi'SsrrE'
ERAsDY.
Paul Monlrn and EIiIs. bis wifi, sg, Jess West.
To recover damages, amount laid az SlOOOO,
for placing brandy manufactured here the brand A
egntie" and also Custon-Hoase brands o. pretended
ship arrived in and OF Ring, one OF the Custom
House officers make it appear that the qgid con
tanned ssd casks bad been imported rom Roche To- IN
France and wss the A SegDetts" brand Paintnselsm
that the fther OF Ars 81 from whom she derives the title
20 the trademark commenced the use OF y W years ago
and that 1t has ever since oeen usfa BY as &c
20 her by wil)-snd the daughter who stef tae
death Of her father partnership with her mother
II is charged that Mr. West between Jan and Octy lS'
used sad uedensrks On leo pipes purpOflng 70 De sd
Segnette brsndy bat inferior article aud eaeu'
ted TO bring sad SeIene,tes brandy into tsrepute &c
Irs .trsd by witness azsn, ofthe plaintiffs who
nd, n RoeSeIls that he went on board the ship Wild
Pigeon bound for San Francisco and saw some casks brand
sesnstte' and with Other brands t had passed
the Custom House and Rochelle brandy thar the INT
tson Of the brand good that but p@rsos wen
acquainted with the genuine brand could detect II he also
d tba. hss spoken persons about usnz s1ca marx
as Ter doing 80 Only a1ng IL 70 srpee made here
from alcohol or spnt aud injunng pieintrs ne asked
Mr West vhs furnished him with the article INTENDING 70
Ue TIE Party but Mr w replied that no person had far
nshsd Il tokn but be had manufactured ke the article
himself ,,....--
OF brsrdv IN Rochelle having the name Of A sslgnetts
The wi.IeE Jr plaintiffs "a d that none boz paint1 utc
o. Tere there slcwed 20 use the brand Of A. segoet
Alexander AID others branded tser names In full i
and that he aware that any person lad an
right he trade ATths; Toe pssnSy ne
imitation OF Rochelle and was cold =; much less prize
also that be brsuded bat thirty casks in te stated
sfd AZ lie tine Of the commencement Of tire sait 70
Sill La property and he caused the said brands 20 be
erased -.
The Court in its ehsTge said thar plaintiffs have shown
RAJ the ty1de marx the they bad been entitled 70
u.pz they had exclusively the nght 70 II, and any
person initiating Il, and selling the article with
suck imitation, they liable for danse The pon.
tended for By plaintiff council that they sbs II they
inflated the b4Dd shou z they m.y have sold any ..
the article would have effect the s1it criminal
comp under the law for intention defraad but
evil suit 70 daIaxes n cf the article with the i-
tAted brand upon has been sod the rule will not apply
II appears that IN regard TO shpmen. California
Of defendant erased the marks the casks bat
sppes that he did az 70 the Other II the jury
sder that any OF the article with the initiated trade mark
plaintiffs upon it Sold they will End verdict thei,
favor Where party has been injured By another without
tcron Of fAnd he IL entitled his actual damages
but the jury consider that fraud intended they
sdd sueh further In the exercise Of sound disere
iion they may think proper with view TO restrain such
conduct on the psrt Of defendants in references to future
acts. Verdiet for plaintiff go which carries costa
1konss G. Drant sst the Fulton Ferry Company
To recover 900 alleged damage 20 ths steam oos In
pest in Sept 1851 BY collision with the HAnitc.s 20
rybost Nasssu Which rsn rt9 ass y soo'sats'' h'