New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-12-14
THAT TRADEMARK DECISION.
CRITICISM OF WILLIAM HENRY BROWNIES
OPINION.
To the Editor Of The Tribune,

To the Editor Of The Tribune,
SIR: The interesting opinion of William
Henry Browne the subject Of trademarks, as puo-
shud IN The TRIBUNE Of tue 10TH instant IS CALCULATED
TO convey false Impression to tue MUD OF the average
reader who may chance versod In this 0ranch
Of the law After reviewing the important aud some
what startling decision OF Justice Dyer, OF the
United States Circuit Court OF Wisconsin, in when ne
recently pronounced the United States Trademark ACT
OF 1870 to ne unconstitutional Mr. Browne, dissenting
from that decision, concludes that Congress has fnl
power TO legisate the subject Of trademarks that
that power Is derived from COnsu utOna authority to
regulate commerce." and that the registration statute
OF July 8. 1870 Revised Statutes sections 4937-4,9l7
Is consequently valid"
In the OF ms opinion Mr. Browne urges the gen
era aud great Importance Of trademarks as auihen-
ticatng symbols affixed to articles Of traffic he further
says mat " Trademark is Incid,n Of commerce !;
that the power regulate commerce is exclusively IN
Congress-" ana that It is dicut TO comprehend how
CONNIE co can be fully protected If its insepara-
bic aud trusty handmadeu and symbOl its
flag the trademark-s TO he left q prev TO
pirates" From comparison OF these expressions
emanating. they do, IRON a well-KnOwn authority
upon TINS subject the inference might easily be drawn
by many OF your readers. that under the decision OF
Justice Dyer, in effect annulIng the act of Congress
IN question, merchants manufacturers, the country
who clam right to the exclusive use OF their re-
sperve trademark hereafter, II this decision sh"
De sustained to be lett utterly without remedy IN case
imitation and infringement Of their marks, and that
their supposed property in trade symbols, stripped OF all
leg sanction j., i'm the language OF Mr. b Owne, to be-
prey to pirates" To prevent or to correct sucL
grossly conclusion the following brief state
ment Is made:
The Act Congress referred to does not give nor pur
port to give any definition what constitutes valid
trademark; does IL iu that respect enlarge the
rights privileges OF claimants beyond what 10 secured
to them by the Common law nor does 1t prescribe the
registration ~ the trademark In Washington as a tOr
maty duly Huich the claimant Is bound to observe
It, be sure provides puOc ohice open 10 the lhspec
ZION of all interested where persons may, al tielI Oploh
register valid trademarks, and thus secure Tor their
benefit conclusive of the priority aud tue ma
ture claims. II furthermore throws open Ger
Tain Federal Cuuta for The protection OF those VINO nave
ayued themselves Of its privileges but on the other
b,md n eynr,-s enacts (Src q, " That nothing IN
tins act all prevent, lessen, IN leach, or aFOld any
remedy law ~ equity which any party aggrlcVru
by any wrongful use OF any trademark, mlght nave
Had, II tlus act mad not been passed."
The Iight To tn exclusive use Uf valid trademark Is
rcrpe mui a"d tml' TIih oIteuIne7 OF vast PcJJuu5
and ~ at cons, qucnCr 10 the pup
r as guarantee or the quality ana excellence OF lhe
LoOur dyaIEHatea ny TIE mara me cOu u Ol HlI t S
states, ana prominently OF our own S,aIr, NOT Only iol
the purpose ing 10 the manufacturer or tracer
the profits arising from the Wcitdrned reputation Ol
MS wares but also, and prruaps p lindry, Tor te puI
pose oil protecting tine pablo from spurious ana lhtt-
rur rcc are at all times ready 10 recognize ana Zcal-
Gus 10 maintain; anG tn-, TOO, mdeprn tent OF any
United Stale, statutes. Whether or not the ldluiH has
| I,,,, "r The ,un,,rtnrity of publ q +, g-traton
afforded by lYr Act OF Congress, civil action hes
the state IOuTs Tor an injunction restraining INC
Oh from futGrr infringement aud Tor iuI ptGuuaTy
ton co. ts by an Act oI the Leg s uro of fhr state OF
NeS-IurA, the copying or forging OF trademark OF
4r argument Of Justice Dyer the reasoning Or Slr
Browne STALL uually prevail properly H-htS Ia t'ut-
marks IN tuls county ire not III dlnaer Of gec,mhs
Ssoc- Turk, Dec. y. 1873.