The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-06-05

who was not present. The report is as fol-
lows:
The committee on brands and trade marks
would respectfully report as follows:
The value of property in trade marks, not
fully realized by those who have given the
question very careful atten lon. 1t is species
of property that TO many does not nave tne
positive value which attaches 10 your mill,
and yet sometimes there is more real money
value in the reputation of the -four than in
the machinery with which 1t is manufactured.
some trade marks have great commercial al
estimated by the owners to be worth quarter
of mi lion of dollars, and this Is not an over
valuation. This is but one among the many:
The value of trade marks In this country would
aggregate many millions of dollars.
Ve-y many of the manufacturing Industries
of the country are dependent on their trade
marks as the very vitality of their existence.
This property is of a peculiar nature-lt can
be 81 lien and It's owner not know OF IL uh Ill
its reputation has gone and il is va.ueless. III
is because OF the peculiar ma ure OF THIS prop
erty that very stringent laws should be enacted
and enforced to protect its rightful ownership.
Many parties have appropriated the trade
marks OF others too freely in the past.
The trade mark question Is one OF the most
important with which millers have to deal to-
day. and 1t is for us now to inaugurate some
regard-tO use the means that are at hand in
such manner that the thieves and pirates of
the country will in the future respect through
fear OF the law. the rights that they have mere
tOfOre diSregarded.
The man who would appropriate your neigh
his protest, viii not hesitate to claim that he
received poor flour from you when, in fact, it
was up to the standard. Such parties are not
square dealers, and If you have business with
them il won q be better If you were lOcated
next door rather than thousand miles away.
They are pirates on the ira e, and their black
flag should be known so as to be avoided.
The present trade mark law of congress
seems to afford the protection desired. We
would therefore recommend all miIlers to
"register their trade marks in the patent
Office"
The filing of labels In the patent office and
registering o copyright with the librarian of
congress are of doubtful value and not recon-
mended.
The question presented is, what action shall
We take to protect our property in trade
Atthe last annual meeting one year ago, the
committee on tr de marks recommended that
that commii tee should have the power to de-
beers of the organ izaJion. This recommended
ton was adopted, but it has not come TO our
knowiedge that the eommittee has ever been
value OF such reference. The e are so many
thousands of brands IN the $1,000 mills of the
country and very likely 10000 duplicates) that
if the matter was attempted by any committee
they would have endless task before them.
No man could think of submitting
the question of his ownership TO a valu.
able brand to committee. You would
not refer the question of the title to your mill
to any committee, and yet your ownership OF
your brand is as positive your title TO your
real estate. The rightful owner can establish
his title through the courts, and 1t is not for
use TO belittle the value of trade marks by
mere reference to commlttee 1t is rather
for us 10 command respect for them, because
the majesty of law, and that We Will not per
nit others to counterfeit them without their
being made to suffer the penalties of the law,
any sooner than we would permit parties to
counterfeit our signatures to note or any
other paper.
1t is more serious offense TO counterfeit
your trad- mark than il is to counterfeit your
note. The note you need not pay, and would
suffer no harm lbut the counterfeit trade mark
rpDutaf1On
Perhaps the fear of the law is quite as effec-
tive In training the average citizen from
the commission uf the crime of larceny as re-
sPeet for the rights of others Men know of
Ofthe rights OF others to trade marks, but they
have no fear of the law, and so do not respect
their rights 1t is fair to presume that If they
knew OF no law against thieving they would
appropriate your horse or your purse as coolly
as they now take your trade mark. Their fear
of the law makes your horse and purse, per-
hapS, safe with them. They should be taught
If they will not respect the moral rights OF
Others to trade marks they must respect the
legal rights TO them When one more par
ties are found in prison and compelled to re
fund some OF their ill gotten gains, and make
good in part the damage they have caused
when people learn that to steal brand is
crime, then we shall have little cause for COM
plant.
the following:
That the Secretary issue a circular to the
members OF this organization, under the d.
rectiOn of the committee on brands and trade
marks, when any person or firm has know
ingly and persistently appropriated the trade
mark of any member of this organization
such circular shall give the name and resi-
dence of the party offending, anG shali warn
all millers against dealing with such person or
firm. That the trade mark committee for the
ensuing year be instructed to examine the
present trade mark law of the United States
protect on to mile $, that they recommend
such amendments TO the law as may be re-
quired to the secretary of this association
who shall ask their passage by congress
lSAACG. JENKINS, Chairman.
The following minority report was pre-
sented by Mr.. Joseph q. Burbridge:
As a member OF The committee on brands
and trade marks, L would most respectfully
chairman meets my most cordial approba-
ton, but whilst fully concur IN his report
ton of the embr h go Ga ine a eb
perniciOus practice that has been almost uni
versally adopted by the millers in all parts OF
their flour. This practice has been carried on
to such an extent that il is estimated that
fully One-half OF all the -four manulac ured
81 der a ncJt 1ous brand Millers who have been
for many years working faithfully to build
up the reputation of their own markets are
compelled every day tn see, without any REM
edy whatever, the town or city in which their
mills are located, pl ced upon brands of flour
that are al very inferior quality, and often
manufactured out OF an entirely different kind
ia,v tr SVe IT, ha was conPenea oy
flour shipped from his mil, the name of his
firm. and the place where manufactur, d, IL
wo Id bring alb ut radical change in the
present System OF selling flour for the eastern
and southern markets, and would be of meal
cuaole benefit, not only TO the millers, but to
every man, woman and child in the country.
Such law as this would bring about new
era In milling, and would Decessarily compel
every miller to make great Efforts to manuiac-
ture a flour TO common itself to every con-
sumner The people of this country are deeply
interested in the passage OF such law. because
unde the present pernicious practice of brand
ing -four with fictitious brands they can have
no guarantee chat the flour offered for sale is
suitable for human food. Let congress pass
that law, and miller will dare TO buy un-
sound wheat for the purpose Of manufacturing
into flour.
de ire also to call the attention of the men,
bers OF this convention TO the present practice
among jobbers Of flour and dealers generally
OF defae.ng ana scratching mileFs' brands.
Every miller knows that three fOurths of all
the flour shipped east under the mill brands
never reaches the consumer without the
brand being scratched off and a fictitious
brand substituted. I consider it only neces-
saTy to call the attention OF this convention
to this subject, and will close the report with
the 10 lowing recommendation: