New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-29
SUPREME coURr-Beforo Judge SUTHERLAND

....... j. II. FABERS PENCILS IN COURT.
John Lother Faber. the manufacturer Of the "a. W.
fsse lead pencil brought suit nsf5 aims D. II Ia9 Der
damages, and to obtain an injunction against the de-
PENDANTS prevent them from selling lead pencils with
the usual label claiming that the defendants violated the
PLAINTIFF trade mark by the use OF labels similar to
II appeared that John Lother Faber the manufactures
OF the "a. W. Faber pencil lives at Stein, ard the
defendant, J. H. Faber, lives at schweinaw, both Of
Germany. At and about Newremburg, are some twenty
or more firms, engaged in the manufacture OF lead
Il was claimed by the defendants that plaintiff had
burg who manufactured for the American market used
substantially the same kind and style OF wrapfTs ana
ellis in the way; that the defendant, II. Faber
shipped them TO this country with full knowledge Of the
plaintiff and that the plaintiff had never made any com
plant in his own country against the defendant on ao
The Court refused perpetual injunction, and
Lord counsel for plaintiff; Cornelius A. Bunker, counsel
The following IS the opinion rendered the motion:
l SWITZERLAND lit unfortunate a FOR the plaintiff that
rers OF lead pencils at the pGee in Germany
and that both have the pame Faber Tor it easy
uy a he Sa but the defendant Uss has
right pat stamp his oyn name in gold gilt Of other
IN s which they are put up pse eS " Tss
may suffer by such use Of the defendant Fabers
name merely, must be viewed as an injury
the exclusive right manufacture lead pencils the
American market, or the exclusive right 70 make them
stamp gilt or gold numerals upon them to designate GER
R s Complain Of hs 70 or n Of the
H. Fa6ers PeBcs or Of any mark or stamp upon
Enclosures. There is nothing but the name Of the
maker stamped upon the pencils, viewed angly
calculated TO deceive the purchaser Of single pencil
right e. put us s Nor s
see upon what ground the plaintiff can complain Of the
manner in which the defendant Fabers pencils put
up for thewholesale market The plaintiff certainly has
m Per o. Kind o. paper toE covering or neosg hue pencils
hs ns%s on he envelopes 70
Rs Of his gToss Rassa,SSe AGES and eonsdsTns
S how ny WI wb ss
Ing that the plaintiff Faber and the defendant Faber
by the gross envelopes or wrappers and purchase he de-
tendsnts pencils By the gross for the glainti epeci,
swer and AFFIDAVIT. that all the manufacturers OF lead
'ai pencils AZ Nuremberg, 20 the number Of 20 or
the gross In substantially the same manner
using substantially the same colOred and kind OF paper
wrappers, with substantially the devices numerals
and words with the exception Of makers nance stamped
blank glazed paper which the dozen
arc inclosed or wrapped before the gross are
Of lie answer A and aBSavt 81 the SesenaSnt
Yrankenthal az 70 the universal pse by pencil manu-
Dessi, Architecture Bureau" &c. &C., such bands
Of hs ss By the DEFENDANT FsbP bede bee WRop
and the gilt paralelogram and ornamental WORK device
go surrounding them and the makers name can
@ ages @ bundles and can hardly think considering the
in gold or git letters these hands that they are key
TO deceive any sneh purchasers who know that there
two Fabers" who manufacture peDei Iwonld remark
that IL would have been better for the plaintiff
resOrd 70 the courts Of his country protect
Of the opinion that the motion TO continue the temporary
inunctoo should DO denied and that the temporary IN
$40 costs % the dsiSndant frS1SsnSs 70 abide H.
event Of tAs e@s.oa nm, ,I'