Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-02
DoN,r s4y "csh1UnorD..


Nc liz a Tradenarked,P Private WOrds
That the Public Cannot Use With
ouS Paying For.
New York Times, December 25th.
In the growth of the English language
some words that were originally coined
for commercial purposes have been Az
simulated, aud have come into general
use. Among these words is "cslluloid,
term used both as substantive and an
ali ectiye. II Is the nome OF Substance
compounded principally of proxyline,
and is descriptive word meaning tAat
tho OH Of bias ths appearance or form OF
one or more small cells But the United
States courts bAva recently decided that
the words may not be lndisoriminathly
employed. Il II y tgaiB mark, and as
slc1 hos laat r Fisiarai, and the tlyec-
turs arc entitled q us exclusive nFe,
ia m Hhtiaa br8aR 81 id 1856 By tho
Caliuioid ManufaGturng Company ofthis
city against tie Celoaitg Misunderstanding
i JlnpAay d AclirH.ap, Il. j., n tNa
/ tIHited states ciTuuit eoust, at Trenton,
~ g., proof was offered that the wore
was invented by tho assiqpors to the
oe)luloii Manufacturing Company, who
adopted it a. trade mark and had II
/ registered t1ssYsiys advertising md
the use of the materiGl known as oeilHloid
in the manuiac uru Of large variety Of
ornan eDtal an rgsful thirga, gave tho
! word 8 large com ereiai vaine. II was
/ urged ia deteuca taat the word WIS co;G-
/ men property, W one . the wori Of tao
| English lSnguIgt, nrd MIR, John Il Zen
| nett, ooneEel for tha dsfhnEantI, qRoted
| WebEter's. dictionary ia rUpp1rt OF Liz
4 olain. Juign Joseph +. ,iitt4!sy Of The
4 United States Supranls Corr, Thn was
! hearing the csse, WAS inGlHed to GCcept
4 this view, and to hold ihp prosecution
! contentious and ffiyolaus; ine Rowland
! Cox, eolipttor for the plNEtif company,
.ntsrpuRai With the GNCil.Aii0p thst
na;ther Wehat4r'a nor WoraHstes'a ner
any oiha. dictionary or eneyol pedil
publishers bad The right to use the ~ord
in their p1hlicltnna, AMI tho feet that
they had nsed it without permission was.
in principle, violation OF cemD ieilAnt5'
iiFhtS
/ Judge Bradley was loath to take this
view OF the case. hut he did, and, in a
long and elaborate opinion, affirmed the
right in the plaintiff conpany y the ex-
cluSiv5 uAe of tho wnri 'celluloid" as q
trade mark. aOelicuite" was decidel TO
ha m infri cement aud itl use ~ the
defendant ocnlpRny was enioiaoi, anh,
sequsntiy threa other actions aere beann
aguinst other companies who had adopted
more or iesB Hpasrent limitations Of the
word. They ware tire "Corosoid '
"Uelluvert" Of Wilmington. Bet. and
Ssmoloid" Companies, hut they nll
settled with tho rightful company with
ont allowing the cases to SO 70 irisment
Then Mr, Cox opened correspondence
with the publishers Of the diotionsrie
End encyclopedias, calling upon thea, &
designate the word ss trade mark il
their publications. A. fist theTa wGs
deal OF pooh pooling OF the oiatm, bn
after q lengthy exchange az corteFpon
dsmce and tho serious study Of Judg
BEadley's opinion by the publishers the.
sill gave in, aud have sent 10 MIR. Co
proof slips showing q satisfactory &C
acknowledgement Of tae claim OF the Cellu
loid Manufacturing Company to tn
exclusive use OF tue word.