New-York tribune., 1872-02-26
TIE LAW OF TRAuP-MAnva
F'om T'he Neig o. L1nJ TINS.
IMPORTANT UFCI4EDs-

INPOkIAAI DECISION.
The Supreme Court Of this State. los, ",
day, decided very important case cOnce,ains sion'
MARKS AZ the subject l8 comparatively EeyIn ua1%
prudence & OF ths STATE S9d yoTy important % os NJ
eUrEEhE COURT % koUisIANA, CLERKS OyVrcy
NEW-ORLEASS, Feb. L. "a
UdOlphO Wolfe agt. Barnett q Lon-.5o. q H. ~. }
from The Fourth District Court, Parish Of Orea,s pA
MI Justice Howe delivered the opinion Of tlc g..
the words and Gguree following, 20 VII: Tie prsN.n
point involved IN this Is ono relating fo ~ lA
Trademarks. Tie plaintiff enJOined the Gefeads1tad
preparing aud selling or Offering 20 sell, any iatt, =,
plaintiffs gin, or any article TitnOr un1Cr tao nf-a "
title Of WOfes Aromatic schiedam Scansypsp 1s'
OmatiC Schiedam Scnapps,' or "ScIcGan sclsrrs ar ar
from using any imitation OF said name; and III n1f
damages for an alleged Infringement bv Gtla
ants OF his rights as the manufacturer 0? this Una
and as the originator Of the trademark The de,a,t
answered by general and various special deDa 4sal
cGect of which "a confirmed by lie irdgae.. lsl as
lower Court was 10 restrain the defendant, o1ly , s
the use Of the word "Wolfe," and 70 throw y Tn ,yn
plaintiff the cost of the suit, his claim for damage Ss
rejected. The plaintiff has appealed eng
1t appears from testimony uncOniradlcted and r-i,
peached, that the plaintiff manufactures his ga In W
marks and labels. That he has been engaged IN -.
Of this kind since 1851 that the name WOles seedss
ing part OF the labels devised by him 10 deEo n.
goods thus made and sold that in the trade ills nans
fully recOnzed a. his trade mark; that Tie p a
"schiedam Schnapps was fully recognized as bis Ueen
liar property, in that IL expressed the or Gin and 49,
shp Of lis goods, and suggested TO the genera prs
who had occasion TO buy gin the liquOr mad, I.r,S
ami hoftlcd by Lin; that the llquor fms ne nt ~ ~
was really gin that It had certain me eiicjnRi R o,'
ties supposed by some TO nhere in that kind OF distilled
Spirits and that IL had been extensively advertised and
sold by plaintiff. II appears, also that the dofeldants
had been for some time putting up and selling O Cn
to those OF plaintiff, with labels when we're Beiey color
able limitations OF the name, mark, devces and syDo
OF plaintiff being beaded WOle's Aromatic sctodam
scnapps" and signed at the foot, Wolfe iEsesI o.
the tJdophO Wolfe" Of the genuine labgl and with
words blown on the sides OF he bottles wen calculated 70
mislead purchaser who did hot make an Unusually
careful scrutiny. It also appears without ary
any objection that the defondaiis had inflated 1s
goods Of another manufacturer IN similar way CLd
only dessted upon being threatened with suit. IL ud
deemed necessary TO review the numerous cases yhh
have been cited in the able briefs OF counsel some ss
conflicting, some depend on technical differences "
tween proceedings at law and in equity In otecshs
nlantiiSs case was not made out by ful evidences
Ps hn rrnduced here n Is sufficient 70 say Ostis
view of the facts above reclted, We think the pntf
entitled to a perPetuaton OF the Injunction oIgnaI
issued. and 10 damages and not merely 70 lle TsI
limited relief accorded by the verdict -
1t is urged by defendants that the plalntif eamh
precrbed by the prescription Of ten years, dur ag witch
time, prior to the suit they claim tat they nave oeen
engaged in the business complained OF. Inc presene
tion OF one year which Is also pieadeu euS on lsA1
from any claim for DAMAGES or 1Iy pr0G % longer t1s
y months prior to citation rev o. o. 5o56 Dut We 20
not think there s any force IN 9ne pea o. zen yea os
by uninterrupted possession for fu ard complete E
t7s 1, saadsaef IF sSst Of a Se sTo iJr v6 l. @ be &
We DO not uIdetani the cu5ea; Of ao,ao 70 te ~ .of 3.
endln' from Upton on trade -marss p - t5at writer sls
so far they consist the proper name OF the Ting
or BY long have become known by ta name can exist oa os
who have tie exclusive night to msnuicare OF 70 sell toe ee %
and far they consist anything other an te ef name n.
tsug which susceptible Of becomls e mate ifd nara can ee"
only the manufacturer OF In uose en.4 TO represent e na
flctarer."
Asng this statement to be s;gra.e It ,nPy % & @e,' '' a
would be Necessary for him ugh saacs'
combined With apFehuOn vel t'l 20 et
origin and ownership a, well =. 70 attract 3 ne ne ,i , 11 res ~
rule applicable t5s case correc, stated A Tue following p''
frOn 81,
ing merchant who has proiucei or brought into the -e'
consumption that has found favor with iae la1 en- "
s59g to IT G9' @ a Rss ds aest Il from @ vi o has ~ 4.
ind dua guarantee sad assurance Of the qea and a =
enterprises and shall IN no manler and to no extent e a
nn. . ,E S os or eoIoble imitation Of tie name '
Of productions supPosng item 4 -
rqae1 Ssadfor rs; BrCOyn White Lead COMPANY al Ma,
Barbour 4l6; williams agL johnson, bo5worthi T. i o..
pose By plaintiff 70 his good, are not M .: =
Sae The origin and Ownership Of the liquor and the i, s1
gh to hch this combmOn, or aDy mportr pan o 'r isss
Upon this branch Of the the decision a. Ane b
g. point where the defendants were Ies;r- % r =
words and other devices sr,t by plaintiff ds a 4
defendants escape under the absurd given their -
ey were rep putin m w6s Ep and e, is5g the @'ooa az goo g
That this died about four before this action r 1
be had lived. the OF bis under this permit o1g =
the defendants attempt 10 deceive doortftr 7 @
Gran agt Day Bedyan, s4i Rodgers agt Noui O. 81
recover because bis label Which Coa,ns he staee 0
GIFTED date at which the entry nG q,
point he had right In event TO cpi9ht label T q
suit to enon the Infringement Of copyright ' o Of L-
alone have jurgcdon in such Coars 49, re
sumo proof 1851 the panu6 D., il,
EewYok merely intended TO show that he dew 3-,
os lat year We fK damages Ia this at $iaDL
therefore, ordered that the judgment l on be Ers
the verdict aside that the pAnun hsye l -s e'
fendants soldo for the Of fifteen hund l arl @ ~
preliminary INJUNCTION issued herein be perpet.e @ o' t0A
courts -.
Leoyy Monroe aud Semmes Mot: o pnl ili 1as Joan
for defendants