New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-04-05

would not drop that because u i he only name
which draws ,isdc 70 his premises.
Now! said 10 Honor Is not important III tbs
whether thce c0od he sold were a. gooi OF Oc'''
.nan ours. /: Trey ctter than ours th,h II was
the height o. sbsurdity :or him 10 adopt name tha'
indicated interior qualify Of Goods l. his eood, we've
worse .han OF Inferior ours. ,hen IL wa he ve:%
qu:iessence OF fraud for him attach our name " them
But Your Honor We Will undertake 20 snow that a.
OF these goods greatly INFERIOR ~ OUR
goods have reri. al all II l. occau-" OF hef stand
ord uniform quality and becan-c ;hcy are mace Of NJ
quality o. wool But we sAal snow" D VIVA -
II; our opnoy AZ we'll as by wnc..e. ort.ide-by people
who consumers ard not IN any way connected win
corpany-yhat goods werc sold 70 them over ne
counter a. lie Bouers storc-garmehts puflorting 70
tae Jaeger system and containing all the
way from PAR 60 pr cent o. cot'on, and that
iraad continued until Le public press called attention 70
nunti the entire paolc pre- called attention to H. ~
wGuid natter. would not interfere with our iccoV'
with rishts tho goo1' vera superior 70 ours
Eu 1t IS material as question Of fraud ana a. question
Of damage 10 our rputa'ion. we sha'' sho" 10 We
court as have .aid that p'actce on the part OF
defendant continued until the pushc pros- o. new
YORK found Tim, THIS vas committing this Isuu' anu
shall thu: from unaV time until perhaps
the present until quite rcccnuy. the deieant IN ms
case undertook Improve upon mis- methods and " ec'
the criticism 81 The ;ubc press by advertising hi, goou'
improvement OF the Jaeger system using Sun mo
word jaeger" and adding IN hts advertisement IN
an obscure place the word jaeger icing prominent
with slight admixture OF cotton" Now. what did he
by slight sdmNtur. OF eotton'l la former case
OF these question, arose. he undertook 70
say that. If would distinguish the word slight from
large he would admit It," And will also show Your
Honor that what he by slight admiNture Is
anything from per cent to 60 per cent OF cotton Jaeger
underwear KNOWN all wooi-in Tact. the best Aus
uaiiar WOO
Now. il Your Honor please. claim this name as Of
great value us we claim that these methods Of 'u
yertsing Jaeger goods have ntcrered with our rights
and shall ask Your Honor, al the conclusion oil s
case 10 enon the preparation OF this fraud ana 10 pre-
man. lie Boutllier from using In any way win
the sale of his goods the word Joegcr" He VIII uh1er'
take TO show in defence OF his conduct that the woid
Jaeger applied the system OF manufactures ana
therefore the right TO describe his system Oh ~
the system OF Loeb for he is the
no calling IL JaeQer system" II there Is Jaeger
system these goods containing from ! 70 49, and 90
per cent cotton, do not conform to IT, ana therefore nc
would have right invite the public 70 BUY them as
goods made the Jaeger system
The witnesses who will come on the stand VIII tel
Your Honor that although goods may be made OF pure
WOOL and exactly like the Jaeger goods in appearance
and quality yet the trade sells them as ha'ui'i uue
wear .norna' underwear, sanitary" underwear and 20
forth In other words. there has been ieeoghi'ioh
national as well as International OF the right 10 this par
tcuar NAME applied t, underwear oy the Me'sfs
Bcnger Of Stuttgart, except by the deiehoaht III 'is
case he is the only person in this land VINO Is now
violating the trade rights OF this company we WIN "S
fraud prevented and enjoineq.
Reference was made BY the counsel to former It'll
CATION I'm which Mr.. lie Boutrlier had sued paper
which had called him a trade pratc' and spoke OF
his method as Stealing" for $4,000 and got YER
dict for cents damages.
Mr. Delahunty argued that his client had I" right
TO maintain that his goods made by the "Jaegaf
systemp that DR.. Jaeger had given his sy stem to the
werld from a Ihanthropc motive. although he now
got his royalties from Bcngsr sons ,,o. -, ,ho
Many contracts offered In evidence by the
attorneys of the Jaeger Company showing the Ipht OF
the company 10 the name Then HERMAN ociiaen.f In w
president OF the company. took the STAND ana loiu
of visits he had made TO many dryg009s stores OF
renutahc merchants like Lord Taylor, Iiiltoli,
ulchcs a. Co. Altman's and others, ard In no place
was he able to buy any underwear pnrpo1ing To be
made 10 him until he TO the store oil Gcorec lie
Foutilicr In FOrtcs nth st. There ne purchased I'M
derwcar which the salesman represented 10 be All wno
and the genuine jaeger underwear. lie TOOK t;e
underwear away and subjected II to the causc soda
test revealing large amount OF cotton III us com
position =, ,,,s ,.o.o,
DIR Jaeger's underwear. and on each occasion Ne
bought underwear which was represented 20 hc lhc
genuine Dr. Jaeger underwear. nladc III ntn's
and which was sold chap because they u'o not nav
TO pay any royalty" There was blue brand re.
sembling the Jaeger brand the goods. There were
Signs displayed over III, counters end N various
parts OF the stores purporting TO I'll &c Jaeger
system underwear" "Jaegc. .ashtnry 1de.wcar e,c;
In each instance the causuc H.1a 0u was appilei
IN the underwear thus purchased. showing II 10 con-
tain as high as 80 per cent Of cotton. , .
The production OF the undrrslts In Qutsuon rs
evidence In the produced a sensation III court
the case will be taken up again al III O'CLOCK ihis