The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-12-22

Baldwin Bros. Il Go. Include Ono or Their
Firn, In an Action for Damages.

There will be hearing before Justice Law
renee in Supreme Court Chambers. to- day OF
an application for an Injunction restraining
the use OF secret process for havorinG to-
bacco. pending suit for permanent inJunc-
ton and for damages for the infringement OF
the trade marks involved The plaintiffs in the
suit are Baldwin Brothers & Co., and the de-
PENDANTS are George b. Seymour. a member OF
tho plaintiffs firm. and ALERT Won Micheroux
4 Co.. n concern composed OF two former en-
ployees of the plaintiffs firm. Mr.. Seymour
was originally Joined as defendant as n matter
OF form. because he refused to bs a plaintiff.
The other members Of the firm now declare
that he is in collision with the men who are
using their secret process and infringing their
trade marks.
Accordin. to their story. about ten years ago
1t occurred to Baldwin Brothers Co.. who. in
addition to conducting Il foreign express bust
ness at % broadway are wine importers at %
Water street. that it would be good thing to
invent u new havoring for tobacco. and they
set to work. The mechanical part Of tho
process Of invention was performed by John
Bo!ger. a young Irishman from Dublin who
was employed by them to make and blend
wines and spirits. Nearly all OF Bolger's time
and no little money were spent in experiment.
ing before. at the end OF a year and half.
favoring was invented which caught the fancy
OF tobacconists. 1t was nt two kinds. for which
trade marks were got under the names Of the
Rose lmperia! and the Rose Of latakia. the
latter generally called the Rose for short In
order to spur BoI ger into making a good arti-
Gle that would sell well. five cents q gallon was
paid him for all he turned out.
Rolger continued TO work for Baldwin Broth
he and Albert Won Micheroux a salesman OF
the firm. resigned. and began to make the fla
vorng for thems elves under the style in which
they appear defendants in this action.
They not only used the secret process. but they
pirated their former EMPLOYERS trade marks.
Moreover. they added insult to injury by send
ing circulars to tobacconists all over the coun-
and sole proprietors and discoverers OF the
Rose Imperial and the Rose.
The defendants. through their counsel.
Ayres X Walker Of Brooklyn. will set forth
that Bolger invented the tobacco favorn,:
without any aid from Baldwin Bros. Il Co..
and that he sold it to them on contract at
the rate of five cents n gallon. They knew
nothing OF the secret process until some time
in 1883. when Mr. Seymour said to Bolger:
be sick OF anything should happen to you. /
want you TO- give me the formula in case Of
such n contingency"
Bolger at first demurred to surrenderng his
secret. but he finally dictated tho formula TO
Mr. Seymour. who wrote 1t down in q book.
which ne put in the firms safe. This is the
way. say ths defendants. Baldwin Bros. & Co.
further alleGe that the Badwins visited the
lavorng factory only twice in ton years.
Mr.. Seymour continues partner OF the firm
OF Baldwin Bros * 20. IN spite OF his being
nUmhare with their enemies. He is now
travelling in tho West.