The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1897-05-15
AN IMPORTANT DECISION.

excepting mOiey, has leo |
counterfeited excepting Hires Root
beer, it's wide. popularity and immense
sale have proved an irresistible At
traction for the inscriptions in,itator.
Justice is beginning to realize that
the public must be protected from such
practices as is evlnced by the decision
just rendered 10y Judges Finletter aud
Gordon in Philadelphia, Court Of
Common Pleas No. 3, restraining Geo.
A. Hires, = nameaake Of Mr.. Charles
Z. Hires, from manufacturing and
selling q preparation under the name
OF Hires kootbeer. In giving their
decision the Judges said:
"Whether this case be considered a.
one of Infringement of q trade mark OF
~ u stimulation intended aud likely TO
~deceive::the public, the evidence ia most
conclnsiyely with the plaintiff.
Ii il established that an article Of
commerce known as "Hires Rootbeer,n
by long and costly method of
advertisement, has attained a trade
mark and value peculiar to itself.
The sales have reached an extraordi-
nary yearly volume, and the article 10
known to consumers and merchants
by the designation of Hires Root
beer" and often and perhaps a.
commonly by the names of "Hires"
alone. The shape and color OF the
cartons, as we'll rs the general tvpog-
rsphy and substance OF tho printed
matter thereon. and the shape Of the
bottles have also been peculiar to the
article made by the plaintiff, and have
served TO give it commercial distinc-
ton and identity.
The respondent Hires, a kinsman Of
the plaintiff, availing himself Of the
sameness Of family name Is about to
manufacture and place on the market
for sale a root beer which in all tho
externsls Of physical preparation and
presentation is so nearly an approach.
to the plaintiffs commodity that, but
for the use of the christian or surname
Of the respondent Hires. it might be
termed q complete reproduction Of the
PLAINTIFF preparation and device.
The carton, its color, the substance Of
the printed matter, the bottle, the
indicating designation Of title. all
while slightly varying from the plain
tlff's device-make up . trade CON-
modify which, except to the sophiati-
Gated or closely inquisitiv~, would be
taken to ts a. like article to the plain
tiffs.
II is not necessary now to pass upon
the question o: how far . family name
may be the subject Of : trade maik 80.
as to exclude from its use others who.
lawfully bear it. The use OF: the
family name 10 the present case only
incrcases-most potently increases--
the c%onjoined force and effect OF res
pondent's other devices in working
the deceptive stimulation.
All cases Of this character must
depend upon their own facts a0d
circumstances.
Actual fraudulent intent can never
DO inferred from anything outslde Of
I the case itself. II
The testimony Ia the cass now
before rs. we think, makes in indabi-
tably clear that the respondsnts'
purpose their sole and only purpose
was to fabricate an article of trade
which 10 color, shape, designation Of
name and general appearance resen-
bled the plaintiffs article and thereby
deceive and mislead the public aud
purchasers generally.
1t is impossible to come to any other
conclusion but that this was the main
intent Of the respondents.
But for tho fortuitous identi
ty Of family name, it ID clear that. the
respondent would never have embark
cd in this proposed commercial yen
ture, and the evidence shows that
their studied purpose was to copy a.
close to the appearance and name Of
plaintiffs article q possible, and
preserve similarity while yet present
ing minor differences.
W. find, therefore, upon the svi-
denco now presented, that tho
allegations of the PLAINTIFF bill arc
established and that the temporary
injunction prayed for should be award
cd.
Therefore, let preliminary injunction
be continued against George A. HiIes,
and issue against Joseph H. Ingsrsoll
aud Robert C. Ingersoil, and against
them and any Of them trading a.
George A. Hires and Company"
C~AsCARETs stimulate liver, kidneys