New-York tribune., 1879-11-22
THE TRADEMARKS DECISION.

NO CAUSE FOR ALAEM-A TALK WITH A PATENT
LAWYER.
A reporter of THE TRIBUNE yesterday called
upon Nessrs Van santvoOrd Hauf patent agents, and
Inquired OF the senior partner;
What the status of trademarks since the decision
of the Supreme declaring the laws OF Congress
the subject uncOnstltutiOnalP T.
About what 1t was before replied Mr.. Van SAINT
voOrd
How is that 7" asked the inquirer. " Is there
foundation then, TO the sort Of panic that prevails
among merchants and manufacturers ON the suhjectp
Not the least. that ! can discover" was the reply
Then the laws OF Congress were of no value y
They were tins value they enabled all suits for
infringement he brought In the United States courts
But they did not create any right of property in trade
marks. That has always existed under the common
law and suits Will now be brought In state Courts
That Is about all the difference"
.when were the laws which now destroyed
passedi"
The first them passed. In $50 the last in 1873
Before that time property trademarks just as
well protected thiuk a trademark has al
ways been recognized IN the common law as property
Just much horse dog. and this recognition
existed IN every State of this Union"
How old are Trademarks = asked the visitor.
Pretty nearly as old the hills Ancient Babvlon
had propefty-symbols, and the Chinese claim TO have
had trademarks 900 years before Christ Gutenberg
the very inventor OF printing, had lawsuit about
a trademark. and l believe lie won 1t. As
early ~ 1900 the English Parliament author
jzea trademarks. and the laws Of tins country
have always protected them. The theory by which a
Is brought for infringement OF Trademark is that
its use deprvcs originator Of his property, and de-
the public 20 the article Extraordinary means
have required at al times TO guard against the
fraudulent OF marks OF manufacture
Did the United states courts protect Trademarks
before the laws OF Congress now referred 10 were
30 yes; they as well as STATE courts whenever the
ltigants citizens OF different States There are a
good many such cases"
What is the correct definition OF trademark Mr..
Van santvOordf"
producer 20 distinguish bis goods from those
others. To constitute Trademark In name. how
~ must be either invented one, or one which
ldeniics maker uf article by indicating the
son by WHOM made. the place at which made.
Rut "A persons name alone. the name OF a
place alone, cannot he protected trademark.
There was the case of the Lachawanna Coal
COMPANY fled in s57. and tried before the laws Of
Congress referred into effect Judge BatchfOrd
delivered the opinion, afterwards confirmed by
in that particular could be defended because
LaCkawanna was mere geographical name. But IT
uncommon TO euJoin tie use OF long
before that time
a. Then OF what were the laws Of CongIessr'
"Thcy provided for formal registration OF trade
marks. which accepted prima facie evidence OF
ownership and this enabled all persons without much
trouble to ascertain whether IN adopting trade marx
they were Infringing"
What dj ID cost to get trademark thus attcsted
"Twenty-hve dollars"
Aud IL Is ssic there were 5000 OF them registered
That would make 500 600 that the Government has
crlycd VIII tnis mOuey be paid back, that Uncle
Hanis trade mark is found TO be no good
\ don't know. indeed" said Nj. Van SantvOord
laughing. "I believe the person you name cannot be