The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-25


important DeciSion.-The Supreme Cou RI
OF this state on last Monday decided very important case
On the , subject o. TRADE marks As the subject conpsrs
por,ant TO our merchants publish the opinion
u"o,aSa wo'. SS%o sss.ss st sss p Si In
Justice Howe aevered the opinion Of the cour, in the
The principal pon, involved in this relating
The plaintiff enJoinsd defendants from preparing and
selling or Offering 10 sell any imitation OF Psn,ies sa %
Aromatic schiedam schnapPs" "Aromatc schiedam
imitation OF damages for alleged
~ Of hs rights as the % ma
mark = 50 -. : =
deniais
The was by Jury who rendered verdict. the
Court % restrain he desndsn: only from The use q
Of the his Cain Tor damages being rejected
il appears from testimony, unconradicted and unn.
peachei that the painad manufactures his gin n Holland
and labels engaged business kind
as ss o me pa % the
labels devised e HIM to denote MS goods thus made and
trade marx that the phrase sehissm schnspps was fully
aSs s as iii s s &c he ss ss
era public who had occasion to buy the liquor made I'm
rea hs D certain
ss % aSa had 1Sss
and sold by plaintiff appears also. that the defendans
asd with
Of me devices and symbols Of plaintiff being
ass Se oS sc n Il. o
LABEL and with wors blown on the sides q the
objection that initiated goods
upon being threatened with suit. - -
which Ss
ss on TECHNICAL enc he
TINS case was not made out by as u evidence as has been
facts above rected we think The pansn entitled 10 . per-
penton OF The @ Originally issued and 70 DAMAGES
PRIOR 70 he su they ds tina, they have been engaged 10
which Is pleaded cuts plaintiff from any for
S AS 40 ns n as pr0s
hs nave sr int the M Sy
rpied for ten years full aud complete title to
further urged ha. the plaintiff neither the d.cGy
claims marx. We understand the current OF a
70 40 De Ss inv 81 e as By @ Is
on trade marks, p. "a, that writer says
trade AZ least they The proper
Known by that namc can exist only those who have The
exclusive right to or TO sell the specific article
name OF the ning which Is susceptible OF becoming legd
those entitled 10 represent the manufacturer
Assuming TINS statement 70 be accurate simply means
words Holland Gin would necessary him 10 show
consists Of so%ethns else as the plaintiffs own name com
bned with appelation well calculated express
impress the memory OF buyers 1t is only that he
manufacturer the rule apphca ole
this correctly stated N the following passage from
"That the honest. skifu and industrious manufacturer
the market OF consumption that has found
favor with the public and who by ah.ng 70
and to distinguish from all Others has furnished his nd
OF the manaaeure shall recsve tue rst reward e II.
% s OF hs ns a ~ nS Wa
tina, end and spPss to his the
so the purchase the productions Of The one surprising
stokes Lsadgra, Il BarSSrr Coz Howard
vs. Massey, 20 Barbour, 46; Williams Vs. johnson. Bos
Il ii vain for defendants to urge nat the several words
which compose the name given BY plaintiffs t. to MS goods are
been proved to indicate the origin and
ship the quor the Defendants have lch
this combination important part OF It, In such
mead the purchaser as to real origin and ownership
AessIoyn Beayan 81, point, the defendants
restrained from using NOT merely the name Of plaintiff.
devices by plaintiff to describe the merits OF his
Still less can the escape under absurd
Yen asy sSf sns
Wolfe, the father-inaw of OF them 1t appears that
gum S" he use bis under this
init would only have made the defendants attempt TO deceive
81; Rogers er VS. Sowi. Man Or and Scott ios
copyrgaed does mot also show the dae at which the
copyright label This is not suit 70 eaoin the
aVs cona
s sss TO aSx @ Sa @ the
show that he devised the label as early that year.
We tx the damages In tins case at 81 ,5oo ,..,..
be and ne verdict SET aside r the pa
tina. the preliminary Injunction issued herein be per
| and Hysms and Jonas for defendants.