New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-27
DISPUTING THE USE OF TRIBE NAHh&


A Nrw-yorK FIRM CHARGED WITH PATTErN1NG
AFTER THE METHODS OF A FRENCH D1s1IiLERf.
A decision granting or denying motion TO make an
injunction permanent, that will be of Interest IN the
mater Of trademarks, Is daily expected from Judge
Patterson, the Supreme Court, Chambers. On De
cember 81 Judge Lawrence granted temporary inJunc
ton restraining Cook Il Bcrnheimer the FIankllrst
dealers in whiskcys, wine, and cOrdas from selling
their San Francisco cordial in bottles that had bcen
used for the Bcncdctinc cordial and which bottles
it Is charged, they initiated the Trademarks employed
by the "SOcicie AnOnyue dc la Distellerie dc la
BeneNctine Lqucur de lAbbaye dc Frccamp" Tho
society with this long manufactures the Benedic
tine cordial which is sold oil Europe and in this
country On Wednesday the socetys counsel, Charles
Bulkey Iubbell appeared be orc Judge Patterson ana
moved that the temporary injunction granted BY
Judge Lawrence be made permanent
Mr.. Hubbell told this story of the case: the
manufacturers of tho Benedic,ine corial have dis
tilley on the site Of the ola ST. Benldctine monastery
that was burned during the French Revolution The
recipe OF the cordial was first known TO the monks
who lived in the monastery. The director Oi
the present distilleIies received the recipe and
other relics of the Old monastery from a
man who had charge of the monastery. From
time TO time there have been numerous heterogeneous
on the trademarks of the present disters, and the
courts o. Belgium Austria and OF Cincinnati, o.,
have decided favor Of the Benedictine dis'Liiery'
The Benedctlne disillers some line peculiar Trade
marks on their ties and the gooos are also packed
IN a certain kind Of box
IN, p.alntns ailoge that Cook & Belnhehner use
the same number Of labels pat on the BehtolChe
70 l,s ana iaUtIs nScnlUusly Pa'leinos
after The Bcueuictne marks, and occupy corresponding
places on me bottles Furthermore, ii Is aIobcd tAal
he New YOrk firm uses the same KIND VI bUA lor
packing the goods. Both pauos In The case, oi
ooursc, Issue circulars, and the pianus claim thd'
,u. model thCn cucUidI "a .eI tI4@ VI INC
| IIautlps. COUA a BcInnCllnors circular sots loiul
| ,.at Tho cordiai comes from monastery inc San
1 anClscan AUDa5e lVctOe. III d niue Town h0Hl
Iuen France Mr. uuDDcl says that he has dnlu@N :
from the uIgita mat pace that 40 suCh HOIas
Ter, ever existed there and tur hCi more, lhat 'oOh ~
BuIuheinCr admit the ElsHJ o. thtT cIcudr, Du'
oxcu>e IL by sa s that tAcy send out suCh On Cu1
20 aSs.,rda'ucn win tiale customs. Thcy jus, ny
thrr imitation of the BenCdictne tradenah S 40 wen
a the usng of the BenedictlLe bottles lii an ahcg,u
,irf ure ACCORDING TO The p.aills lhd inc boHou'c-
m dstilies fled de- III patent con Hlhg TITO
10 thc tra MAJ KS and that by having ntu tiat uoS!S
uatrnt al rgits trademarks facilcu 10 III INC
natcnt became public property ahci fourteen yea ,.
! INC n,a.tifs err, the other hand, iha thcu
TRADEMARKS were separately fled and that Their Pos
- ~ enjoy full rights Of thcii trademarks used tO
| rdicaie the identity of their goods arc IN no Wise
changed 10y the design patent INC Dollc nv 90.
La, also assert that ohei desi patents belonging
| TO them not having cxpueu' ~, 'oI"'n ~ Wv
| Ln,iness In this country vi $4,000 year.