New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-09-07

| THE DRYSoODs FIRM GUILTY OF UNFAIR COM.
PETITION, AND RESTRAINED FROM USING
The WORD "JAEGER7 IN ADYERTIs.
ING PARTLY COTTON UNDERWEAR
Judge Gildersleeve. in the Superior Court. yes
terday read letter in trade ethics to George
lie Bouter the drygoods merchant. who does
business under the Of lie Boutillier
Brothers which II is not probable he will soon
forget He did 1t in deciding the case OF the Dr.
Jaeger Sanatory Wooden System Company against
lie Boutier for an injunction restraining him
from using the name Of Jaeger to describe the
underwear sold by him.
The Jaeger Company conended that 1t had the
exclusive right from DR.. Gustav Jaeger. OF Stuff
CART. Germany and the firm Of William Benger y
Sons. Of the same place. to sell the goods known
as "Jaeger's' under that name. lie Boutillier
declared that the word jaeger simply repre-
scented kind OF underwear made according to a
system propounded by DR. Jaeger in public lectures
which he had delivered in different parts OF Gel
many. and that any could use it.
Judge Gdersleeve decides that the plaintiff
company has not the exclusive right to the name
Jaeger" it is understood generally in the
trade to describe certain kind Of all-wool under
wear. But he says that lie Boutillier must dis
continue selling underwear which is part cotton
for Jaeger" goods. Among other things he says:
"A dealer cannot palm on his own goods for those
OF another The law does not permit "A man 10 get
anotheI's business iniure his reputation by I'M
fair means. Where the manufacturer and seller Of
goods has attached "A mark or device word or
expression. To- the class OF merchandise produced
by him. in order to distinguish it from a like
class OF merchandise produced by others. and the
said merchandise has acquired reputation in
connection with such mark expression. and
another person. without the consent OF the manu-
fsctur-r. uses tho mark or expression. the pro-
lection Of the courts BE- invoked. The right to
ia sf.s at 1lr, nplv xist
however. where It has been applied TO goods manu-
featured by the party claiming the us-. and the
goods have acquired reputation in connection
herewith.
a dealer has no right TO stimulate tokens which
confuse Tho identity Of his business with that
OF another. and nv fas- lions Of facts at
t-nut to miSl~ad the public and divert custom from
the latter. one mpn must not adopt anything
whien Wiil deceive Deoplr BY making them be-
l!'vr that The article sold 10y him IL the article
Of a certain name sold by another man
The plaintiffs gain substantial victory in Sc
curing an Injunction restraining IT, Boutiliier from
advertising or selling part cotton underwear az
"jaeg~r." ON this pou, Judge Gdrrsecyc says:
The application OF the name Jaeger or Jaeger
- N 10 underwear containing an admiNture of
cotton il an untrue and d-ccptiv. representation.
And against such a use thu plaintiff is entitled
To- relief II il !as" representation OF fact. which
tends 10 confuse the identity o. the Defendants
goods OF the plaintiff made In accordance with that
system and cr"at-s "a dishonest competition d-tri-
mental 10 the plaintiff ... Tnr application Of the
ntrne Jaeger by 'h~ defendant 10 goods part cot
ton tends 10 d"criN" the purCiia 9ad Ns~rS or
plainua GOODS and actually mlsrad them into
buying the goods containing cotton sold by lie
f-rdl IN M belief that they the goods dealt
10 by th- plantn
81 pon the grounds above set forth. hold that
he platinum has shown he Defendant guilty OF I'M
f1i- competition N advertising and selling
h~nliue Ja"e"t underwear underwear containing
substantial admiNtuF- Of cotton. ana that me
plaintiff ~ entitled to an accounting. accompanied
los IN junction A. 10 th' ~Nt~nt OF the injunction
10 b. awarded am of th- opinion that the de-
PENDANT should BE- prohibited rom advertising In
ti~ newspapers o. otherwise, or in any wsy rep
f.-.Hfiny that the underwear sold by hlh.. con-
timing Iu adWiNtrr- Of cotton. l. LAGER under
wear or 'br. JH-g"T'S underwear. and from 80 us
1924. thu words Jaeger or 'Dr. iarP~r cOnnrc-
uua Nlth the word 'g-ruin..' OF any other word OF
words. AMI from al. -rti-iug or representing his
said md, rw-ar Jos any designation containing the
words Ilcg.r or III. ilrg-r alone or m conbina-
fnu with pihrr words
Let the proposed findings be- amended to conform
to This opinion. and =. deere. h. entered IN
fllor of the plaintin "a that extent