The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-07-06

! terests OF the public justice, to proceed and
unmask the fraud of these defendants.
There is but one disagreeable feature, Mr.
Townsend added, which lessons the satisfac-
ton our clients now feel, and that is that
such firms as Chickering & Sons and Weber
could have lent themselves to the support
of these defendants by furnishing them
with affidavits, and thus preventing the
plaintiffs from crushing them more than a
year since.
Judge Donohue said that he did not think
the plaintiffs were called upon to do more
than protect their own rights. After recess
counsel returned to court and Messrs.
Townsend and Weed submitted
THE FOLLOWING JUDGMENT
To the Court, which had been assented to
by the defendants. The same was signed,
entered and filed:
AT a Special Term Of the Supreme Court
of the State of New York held at the Cham
bers thereof in the Court House, at the
City of New York, on the 26th day of June,
1873
Present-The Hon. Chas Donohue, JUS
tice.
John J. Decker and David Decker, agt. Ny
ron A. Decker and John G. Barnes.
This action having come on for trial, and
the plaintiffs having presented evidence
sustaining the allegations Of their COM
plant, and the defendants having moved to
dismiss the complaint, and said motion hay
ing been denied, and the defendants then
having consented to the entry of judgment
against them in the form following: Now,
on motion of Townsend & Weed, attorneys
for the plaintiffs,
| 1t is ordered, adjudged and decreed that
the defendants Myron A. Decker and John
| c. Barnes, and each of them, their servants
laborers employees, attorneys counselors
and agents. both in this State and elsewhere,
be, and they are each and every of them,
restrained and enjoined from issuing, dis
playing, or in anywise exhibiting upon any
sign or signs placard or placards, billheads,
circulars, newspapers, or other means OF
publicity in business, the name or designa
ton DECKER" or THE Decker" either sep
arately or in conjunction with the words
piano" or "pianoforte, or other terms to
indicate musical instrument or separate
ly or in conjunction with any letters or
monogram, and from using the said desgna-
ton Decker" in any way or manner calcu-
lated to mislead or induce the public to be-
lieve or suppose that the defendants, or
either of them, are the plaintiffs or that the
establishment, the wares, goods, and instru-
ments sold and offered for sale by the de-
PENDANTS, or either of them, are
the establishment, wares, goods or
instruments of the plaintiffs. And
that the said defendants, each of them, their
servants, employees, and agents, and each
and every Of them, shall cease the issu-
ing, Displaying and using the signs, pla-
cards, bill-heads, circulars, and newspapers,
and other means of giving publicity to their
business as aforesaid, whereon the said des-
ignation of Decker" or THE Decker"
separately or in conjunction with the word
piano or pianofOrte or other term to indi-
cate musical instrument is painted or
printed, or in any way made apparent, and
the said defendants are hereby confined
whenever the name or designation "Decker'
appears or is used in their signs, placards,
slips, billheads, circulars, newspapers, pi-
amos, instruments, or other means of adver-
tising their business, to the defendant Deck
er's name of NJ. A. Decker or Myron A.
Decker, or the defendants firm name of
Decker Il Barnes without any monogram
or other device or statement in connection
Herewith, which may tend to mislead or
induce the public or any other person as
aforesaid.
AND 1T is FURTHER ORDERED
that the defendants, and each of them, their
servants, employees and agents. are hereby
restrained both in this State and elsewhere,
from asserting, publishing, or in any man
ner making public the statement that they,
or either of them, are the makers of the
original or genuine Decker piano or piano
forte, or making any claim whatsoever to
the manufacture of the Decker piano or
pianoforte, and from putting or placing
upon their wares merchandise or pianos,
the designation "The Decker Piano." trade
mark Decker" "The Decker" Or DECKER
Piano" or Decker Pianoforte," or any like
or similar device intended to convey the
impression that they or either of them have
trademark in the word Decker" either
separately or in conjunction with any other
word or words; and from issuing, publish
ing, or in anywise asserting that
trade mark or exclusive right or any
right to the use of the word or designa-
ton Decker" other than as above per-
mitted. Nothing in this order shall be con-
strued to restrain the defendants, or either
of them, from using their own name or
names, or any firm name of which they
now or hereafter may be member, IN any
advertisement, circular or publication, or
on any piano-forte or musical instrument
made by them, or either of them, or any
such firm; said defendant Decker, when
using his own name and not the name of
any firm of which he is or may be men,
per, 10 Use IL III connection with MS lnltlaS
or Christian name, an. A." or "Myron
A.. said initials and Christian name to be
of the same size and style as the word
Decker when used together but the de-
fendant Myron A. Decker, shall not, in
case of entering into firm with any other
person or persons, make use of the firm
name of Decker Brothers, or Decker and
Brother Or Brothers, or any abbreviated
form thereof.
And it is further ordered and adiudged
that the plaintiffs recover of the defendants
the sum of 81 All as and for their damages,
allowance, costs and disbursements in this
action.
TSignedl CHAs. DoNoHUE, J. s. G.
The following is the agreement authoriz-
ing the setting aside of the trademark:
MEMORANDUM OF AGREEMENT between Ny
ron A. Decker and John c. Barnes now
composing or formerly composing the firm
of Decker & Barnes, and John ]. Decker
and David Decker, composing the firm of
Decker Brothers, all of New York City:
Whereas, The said firm of Decker Broth
ers have instituted an action against said
firm of Decker & Barnes, in the Supreme