The New York herald., 1871-02-07
Important Trade Mark Decision Affecting x
liquor Dealers.

An important, decision was given yesterday by
Judge Mcneil, OF The Superior Court, in the suit
brought by Martin X. Cook & co. against George A.
StarSwcaner & Co. for infringement of their trade
mark in Old Valley whIskey. The trial, IL VIII be
remembered took place last December ana occu-
pied several days, and was largely attended by
liquor dealers, regarding whose right in The matter
OF trade marks there has never before been neid
q trial OF greater interest 10 them
THE DECISION.
This was OF great length, but the following alb
stract embraces all. the material points The plain
TINS brand consisted OF i,e parts:-Jhe letters A A
IN an arc as Tie top OF the design: Maltese
under the arc. The words 'Old Valley Wnskeyn in
lines respectively convex. sIraignt and concaye
under ana with Respect 10 the cross all branded
by ourning inio barrel head; the who,e head was
then scrapcd ana sncilaced and lastly rel rim was
then painted around tae edge OF the aead and cover
Ing the chime: the whole was then varnshed. Tie
defendants de Ign was exactly IKE The plaintiffs,
except that wnere the former used three AS
ana Gloss Tue laiter used three As
crown. rhe plaintiffs Obtained preiIm.-
nary injunction IN August al SPECIAL Term,
10 continue during the pende6cy of the
cause. On the notion 10 dissolve the Injunction tnc
Court held That the plaintiffs were entitled 10
elusive right to The whole desgn-as a trade marx
including the red rms and ancs head, except the
words "0ld Valley Whskey.n TINS exception re-.
suited from the fact that the plaintiffs had simply
alleged thai they were the owners OF the brand Dy
purchase from 9. A. Fellows 4 Co. Gordon FelloUs
CO., ana Gordon, Fellows & Mcmillan Their pre-
decessols III business. The defendants alleged THAT
This name mad been used long before any these
firms had adopted 10, but they did not explain the
circumstances. THIS motion was hearG ara decided
upon aiiidavlts solely, the plalnllils naylnp
no opportunity 10 explain Ihe defendants, by
thus personal---very. establishing a prior use
OF the name, induced Juuge Mcneil to allow them
10 continue 10 use the Wurds '.Obi Valley Whiskeyu
On the lria The merits the plaintiffs f,lly satis-
He'd The Court not only that iney were the owners OF
the whole design or JevIce, but concGsvely showed
that TIE name Iad never been used by ANYBODY
prior 10 Gorion, Fellows n Mcmillan, except j. r.
W. H. Day, who mad originated IT. tina, Gordon
Fellows McDllan had purchased all DAVIS rights
In the premises and then prepared the Iancv brand
combining TINS name .Old Valley Nhisney;l the
important part Of IL. Thus the plaintiffs through
Gordon, Fellows a MCMILLAN were the owners or the
whole thing The Defendants WORK was intended
TO be an Imitation OF the plaintiffs and as such 10
mislead and deceive the pubic ana the patrons
OF The plainylfls. IL l. well calculated 10
deceive them. IL was not by accident that
the coincidence or the TWO designs was effected.
~ must nave been the intention 0i the defendants
10 make their devise 50 close an imitation o. the
for the other. or Otherwise they would not have
adopted the painted RIM, and had the words desl9
mating the copnpilty 10 be sold OF the same size
and appearance as those used by the plaintiffs. The
slightest differences viii not relieve the defendants.
The rlng and the characters branded into the head
were TO ave expression by the pIxntlis 10 their
trade mark. They are entitled to the exclusive use
OF the name "Oid Valley Whiskey ~ as weIltas the
other distinctive features Of the design Judgment
must be entered Tor the plaintiffs for perpetual
junction and costs.
Judge Porter. &. 4. Pelton and John T.. Hill ap-
peared icr the plaintiffs and J. NJ Van Cott and
william ii. van Cot Tor the defendants. The lm-
portance OF the decision, as regards Dealers con-
sists III the TACT that any person who sells keeps
any OF this whiskey under the spurious brand for
sale, Knowing these circumstances, rs llabb, 10 IN.
dictInent, aud also 10 penalty OF 500 Tor each
package.