The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-01


Action Of New York Merchants Asaisss the
Matchmaking Attacks OF an English Dealer
In Musiard- "NIiliions for Defence, but Not
Ono Cent for Tribute.v
meeting Of grocers and others was held in the
rooms OF the Board Of Trade yesterday afternoon,
at three O'Clock, tho object OF which was to organ
lie movement for defence against the action OF J.
J. Colman, OF London, who have instituted
large number OF suits against American merchants
for damages which they claim to have sustained
through the use by the latter OF label bearing
picture Of bulls head upon
BOTTLES OF PREPARED MUSTARD.
Mr.. Frank B. Thurber, OF the firm OF II. X. Thur
Der Il Co., presided. and Mr.. J. II. Kirby acted "a
Secretary. The Chairman read statement OF the
claims Of J. 4 J. Colman, as iollows:--
About four since noticed the newspapers
tina, the firm of j. Colman Of London had begun an
labels bearing bus head' which the above rm
suit report was published that the attorneys Tor the
said firm had prepared LARGE number OF suits acnnst
selling Of mustard bearing bulls head which suits
would be prosecuted the above mentioned action was de-
'N'' '' THE DEVICE OF BULLS HEAD
had this country for In connection
aS ss n1d e that @ ne
BY the trade generally that they were to be sued az
AGAINST crump testimony was given effect that Col.
oa being
IN order that there might be precedent WHICH would
been prepared against srccers and other dealers
sss s that TO s% 9e
The trade began to think that there mgaI be some ruth in
smt no viewer testimony furnished that
ss ss Of s $ IA @ %
in fact. Mr. sckney one Of our most
label sas pSotosraph q heller owned y
him ago Yet the Judge decided IN Syo
the device had undoubtedly been in 'emblem'
property they were the r.t TO use as trademark. ane
Whatever significance value the emblem or trademark
may have possessed England It esteemed of
would as quickly use any other device, and in most sssc
nays aa %
from force habit than any other and without
body 1nder qi he ' Judge jones'
sSn to carry out as of as all
bearing this device. and have already issued sum
s%as. each large case at from y
one hundred thousand dollars From Information
upon which Colmans base their suits obtained
trade to purchase cans mustard bearing head
in where dealer had goods in stock bearing
thinking to obge customer did We are informed anc
dealers in the city Of New York aud large number through
that others viii be commenced as soon as Se
r.
which are evidently the result of
| DEEP LAID PLOT
by foreign manufacturers lay the American trade uude
contribution Al evidence of this, their mode of
ceedng has been the papers, claiming
damages and then to propose compromise in one case
where $4,000 caimed $3.50 accepted IN full settle
ment We believe, however. in the principle of "mlion
for Defence but not cent for rbute and propose
form for self defence, TO be called 1.-THE Co
man Mustard Protective Association and pledge ourseve
| TO the following
REsoLUTiONs.
Resolved That while ready to recognize and proec
, all manufacturers In the OF proper trademarks
and will aid and assist their protection hy discouragin
the OF all limitations and Gcsimifr we claim that N
pretcnsions of J. j. Coman to the exclusive use In TIT
United States of the device trademark OF bulls hea'
are Just, and should not be sustained.
Resolved That the action OF said firm In not giving notc
claim to the exclusive OF the device
question: the undetermined manner In which they OBJ
tanned evidence and the In which hey oroush
suit against trade deserving OF our severcst condem
Resolved That concerted action Is to properly
fought said C0mans against the mem
effective and less expensive II each the persons
employed separate counsel TO Defend and that
Committee OF three be appointed with power to emplo,
competent counsel to defend any suits brought o said col
divided among the members OF this association an
not to exceed Sl00 for each member until further auht
| rized
that adjourn subject to the ca
| the Executive Committee, ~ any time
Shortly after adopting these resolutions the NEE
| ing adjourned. .
| An Executive Committee was appointed by II
| Chair, composed OF the following gentlemen :
| Frank B. ThurDer John +. Puckey ana ;. h. klrb
| The aggregate amount OF the damage alread
claimed at law is over 81, 100000. 1t Is stated th
II all those who had used the label were prosecute
this sum would swell to about $50. 900.