New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-28

J UDG MENT.
FRENCH REPUBLIC.

Before r Henri Brunei Knight Of the order o. the legion
az Honor President Judge aud MT Iroye Assbt
ant Judge appointed in the absence o. Other Judge
Mr. A. Raymond Clerk Of the Court duly '"oin acuns 40
Between Mare and Company q cOgnaG st
10 vital carries Bores solicitor eis paspT S I reTTs
S q md sssHs
And Ms"s Msr sisa d s BY
osSr q da me anS a " MaTeS humid
aid Me- TTarieax Advocate instructed by the sad Me-
Dubosq. appearing ,9r the Defendants 49, - 49,
Court 70 declare tho peadngs jasiacaohs aaysnced :,
the sa ssns decide sI& a M S opinion Court
said Richard and Muller have carried on an con-
oas no ss and y not 6cnns
sTeSg a ne Se sas and
al esa %esn %ad 70 Pfy ous TO francs With
the lawful interest and oreS Wser Il from ns here re-
after in vending their bTaniies the name OIL ar'e feies "o
Finally he prayed this order the publication Of this
Judgment IN the Pcnf 9Sd e 70 Be- exs
aPpes and and M Without ball. WIN COSTS
The counsel for Messrs Richard and Muller pleaded on be
half Of the defendns that f plant and Srayed NE bana TO
them with costs tho .eventh Of March one
thousand eight hundred and os ~ porg messT
Marte and Company merchants summoned nessT
Richard and Muller Of BGreaS meGebs91 we're fully
detailed in the ssd citao1 namely for the sale OF cognao
Brsndes Known ali over the world and great request
whePess Messrs mSe tIes Of vaos have within The
last years tried to take 81 sne Which, very in
ferior TO that Of the Plaintiff and IN oraeT az sIn mi
talon Of The one HegseIel by the PLAINTIFF. ..
these me- 10 Tinted deVeopmen Of Their
as y MsTe c ae v s have Ss %
the D na s a1nde hna at B
desnS under that name rather hired from Mes
Of yaS' The %se 81 tsT ns%s be ana Pa d So S
said Richard and Muller make use o. s name
substitute Themselves IN the place Of the pains gt mia
selling their produce 70 purchasers who believed that ey
Whereas These schemos constitute egitiTae trade,
which duty and gh Of the courts OF law to reprss
cared well above conclusions, which are tho
This action has been dny inscribed in me k9 sn, comna,v
nee then upon the PLANT 81 aS Marts s nS ad
seventy four Police Court Of Bordeaux pro
T%s guilty Of hayiog dgI1n Y, Gss ss%H
OIL Marte q Cognae and Oi having used the Sd ua9
conseqaeny Muller is condemned to ray fine Of ono
thousand francs and the lgb which have been seized n VIZ
the twelfth and fifteenth q December one housahe
This Judgment shall be Inserted at the expense Of Mol
Ter in OF the newspapers pu shed IN the following towns
New YORK Lima VALPARAISO Rio JsneirO Monte video BaenOs
Muller eonde%nea to pay 70 q F. Marter the som Of ono
This Judgment Registered Oh the eighteenth day Of the
subsequently there appeared the Rio Journal
Consequence VI the Justification in trade
Cognacs have decided 70 change our label MT IL De
fourth Of october thousand eight hundred and seventy
The called the hearings Of the SOW
enteen aud nineteenth instant when the counss Of the par
sitting they concluded their speech, and the COurs
prsnoans ing judgement future hearing ''1''1'
The suit called at me earag OF this day when the fol-
Pg6t Of La,o;Mnst TINS tribunal decide that Messrs.
ton Of Messrs Marteii and Company, and
TO the plaintiffs Iepaiaon OF the injury caused 10
What shall be the amount OF said damagesI
ARE MSs ana Nb TO nam De pr ape re-
Nalros IN the sale Of theiI blandesl .,,,,.
hoy many e .g @ u aud for hoy many time and
The counsel for both parties LAYING been heard thex
peatnss and defense anl considering that: ,,-,.
hundred and slxynne purchased from +. Martel and
Win Which ise SAID Tae had psvousy carried on
Rs S eg y eoe S a ne S S99
under The name OF Marte IN reg and with labels similar TO
sa%e markets Where the latte lad Sef largest Connection
fc moned Rc lam and Mar OefSs Re
m Sse s1d 'R s r OF e s
OF ne se the ae es BY the defendanis
Where's the on Police Court allowed the charge Of
and mncted Richard and Muller in one thousand francs
labels seized the Insertion OF the Judgment IN
o7 %Se s IS Sf Mes ssl Maf & car
e trade N Brndits nr the name Martt reIes and
parties they oyed no noorety
Bandies bearing name that moreover
house of Mae res had ceased 70 exist IN the one thou
the said having devoted Themselves other and separate
Of Matel rres had no clients erown in the year one thou
weTe al hat tme carrying On trade in Brandes and
@ !S and az that ime forgotten eou in be D
5ny s as S a a 1 ts IN % conS
between mat trade mark and the Of j. F. Martel
belonging Marte and Company thereby divertg TO the
Whereas These facts constitute in highest degree
Whereas by the law this subject it is clearly Laid down
that though the ACQUISITION o. atI@s m,c name Constitutes
ike Richard Muller avail themselves OF il solely with tho
consideration OF this Court wide Paris the twenty third day ot
March eight hundred and nifty the sixth q
February. thousand eight hundred and sxtyhye and
thousand eight hundred and seventy four), 80
competition which had its origin in the Of tho
Mare Feres became enectuai with shipments Of
ation Of Msrte Company for which the Correctional
not competent to modify damages
Of which took place prior to the Judgment Of
CONSIDERING however the said
msdeed namely recently inserted in
% Of ES to to the the SSn 4 Sa
decided 10 change label Mt H. DE Dryfus shan
Of October one thousand eight hundred and seventy four
(signed Martel freres De varos. 49,.
the public as 20 the real motive for the compulsory change
Richard and Muller from the merited censure which
the Correctional Tribunal subsequently visited T. but also
%s 4ey se aeS a' the LABEL %ae and the
label OF Martel reFe Vsros that the imit
a, the said announcsms1t might have resulted
that any shows the part Of Richard aud Muller
Which must Be carefully in awarding damages
Considering demonstrates the necessity Of CIV
may pefSor which Richard and Muller
Thereore the decision OF the Court IL that Richard ana