Morning journal and courier., 1888-04-18
oourrERFRrr LABELS.

The Cigarmakers, Unfon Sue she Firm
 of Louis IF. Well & Brother for she
 Alleged Use of, COunterfeft Labels
 Judge Fenn Grants a Temporary In
 Junction Pending LegaIRroceedIngs.
 Yesterday afternoon Constable Jonathan W. Pond served the writs in case which will probably attract considerable attention when it comes to trial. Messrs. Thomas J. Flood, John SchoI, John S. Gallagher, Fred ericke Renwioke and Isaac Meyers have sued Louis P. Veil and Charles L. Well, the cigar iobbers whose place of business is at 192 State street, in this city. The plaintiffs al Iege that they are officers and members of Ciearmakers' union No. 39 and that they are acting in behalf of seventy-fve other mem bers, and also in behalf of the International Ciesrmakers' union of America They further allege that one of the objects of their unions is the encouragement and protection of their members by the use of certain labels issued under the authority of the Interna- tional union, which labels not only indicate the origin of the manufacture of the cigars contained in boxes 50 labeled, but also gives assurance to the public that the cigars are free from filth and injurious ingl edients, are the product of responsible and intelligent labor and have been made of sound materials and in workmanlike manner.
 The plaintiffs further say that the Inter national union have for several years issued these labels that they might be put on all boxes containing union made cigars in order to give them additional commercial value with the members of the unions throughout the country and the general public. As evil dence of the extent of the manufacture and sale of union made cigars, the plaintiffs aver {hoSA A00 nm of oio oda in fhia city per month, with the average price of $50 per thousand.
 Having set forth these facts, the com pleinants further allege that the defendants, having no right to use the ''union" labels, wickedly and deceitfully caused counterfeit limitations of them to be printed and put them on boxes containing non union cigars and sold them. exhibits of the alleged real and counterfeit labels, both of which include the signature of the International Cigarma- kers' union are annexed to the writ.
 In their prayer for relief the complainants ask CD for an injunction to restrain the de- fendants from the further illegal imitation Of the label; (2) to restrain the defendants from selling non-union cigars as uR1on cigars; (o) to restrain the defendants from selling cigars with the imitation label pasted on the boxes containing them; (D to restrain the defend ants from furnishing to purchasers of their cigars imitation labels; (5 that an account may be taken of the profits realized by the defendants from the sale of the cigars contained in boxes having the imitation label thereon; (6) that the defendants be ordered to pay to the plaintiffs the whole amount of the profits 50 realized and that for this purpose all necessary ac- counts may be taken and the defendants or dered to render true account of all such profits under oath; and CD $5,000 damages The case is made returnable to the Superior court for New Haven county on the first Tuesday in May. Yesterdaymorning, on motion of Platt and Tyler, the plaintiffs attorneys Judge Fenn granted a temporary injunction restraining the defendants under penalty oi $2, 900 from using the imitation labels until the further order of the court.