The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-12-06
Honesty in Trade Marks.

It has come to be IN established principle
OF the law Of trade marks that the courts
will not protect person in the use OF u
trade mark whichis designed to deceive tho
public or has n tendency to deceive pur-
chasers of tho article to which the particu-
lar designation is applied. This principle
has just been emphatically asserted by the
New York Court OF Appeals in case re-
lating to the sale OF a mineral paint known
as Princes Metallic Pal Mt. which Is manu-
featured by Pennsylvania corporation.
This paint was originally made in 1858
by ROBERT PRINCE and his wife. who OBJ
| tanned the iron ore. which was the main
source OF the compound. from a tract Of
land which they owned in Carbon county.
Pa. 1t possessed qualities supe ror to paint
made from similar orc even In the i'm
mediate neighborhood: so that Princes Me-
tallic Paint. as it was named. came to be
known in tho paint trade as an article OF
peculiar value made. and made only, from
orc found on the original PRINCE tract OF
land in Carbon county.
In tho course Of time the Prince Manu-
| featuring Company acquired title to this
| tract Of land and established itself in the
| business OF manufacturing paint from ore
| obtained thereon. The corporation did not
contine itself, however. to this source of
supply. but also made paint from ore OBJ
tanned on other lands in Carbon county and
sold this. as we'll as the paint made from the
original PRINCE mine. under the name OF
Princes Metallic Paint. In fact. about one
half Of the compound labelled Princes Me-
tallic Paint was manufactured wholly from
ores taken from lands outside the original
PRINCE tract.
The Pennsylvania corporation thus doing
business claimed the exclusive right TO the
name Princes Metallic Paint as trade
mark. and brought suit against another
company which assumed to apply that
designation to the paint which it sold.
The case arose In this city. and tho trial
Judge ut special term Of the Supreme
Court dismissed the complaint on the
ground that even II the plaintiff company
had the exclusive right to call its product
Princes Metallic Paint. it had by it's own
conduct In the misuse OF tho trade
mark forfeited any right TO judicial pro-
lection against the wrongful appropriation
OF the label by Others. The General
Term OF the Supreme Court reversed
this judgment. but it has recently
SNSiA ny LuC NOuEC OI hIb-
peals. which agrees with the trial
Judge and declares that "any material
Misrepresentation in n label or trade mark
as to the person by whom the article Is
manufactured. or as to the place where
manufactured. or as to the materials COM
posing IT. or any other material false repre-
seiltation. deprives party OF tho right to
relief IN equity" In the particular case
before the court the trade mark had be-
come well understood to mean that the
special paint to which 1t was applied came
from the original PRINCE mine In Carbon
county. Pa: and the plaintiff corporation
IN applying the trade mark to paint which
ana not come from that mine conveyed n
false representation to the public.
leading authority illustrative OF the
principle applied by this decision OF the
Court OF Appeals Is the case of the Manhat-
tan Medicine Company against WooD, which
arose in Maine and was decided by the
Supreme Court OF the United States in 1882.
Inc Manhattan Medicine Company claimed
10 be the owner OF a patent medicine and OF
trade mark by which it was distinguished.
Inc medicine. In fact. WAS made by the COM
pahy IN New York. but the trade mark rep
resented that 1t was made by the original
manufacturer III Massachusetts. The Su.
pr"me Court held that the plaintiff CORPORA
'ioh could not have IN Injunction to prevent
Inc use OF the trade mark by other pcrsous
in Maine, saying;
~ not honest 20 state tina, insdic,ne 10 mann
i"'tHred by Nosts ATwoop OF Gsorsstown Mass, when
u Is manufactured by the Manhattan Medicine Com
pAy IN IL. city OF New fors FOL put forth aeiur nj
~ 'ne form OF circular or label attached t. article
mat manufactured In particular place By per
son whose manufacture there has acquired great rep