The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-03-28

SenaUor Noornees-It ID n question OF IN
Mr.; .BartIett-A question of infringement of
our diStinctiyo name. That is a clear, proposi.
tlon:. Take their memorial. They are bound by
X. They cannot come to Congress and present
a memorial and then contravene their own
The undersigned. members Of the societies Of the
Colonial DANES Of America asking, for charter for
America under senate bni s,osS, respectfully sub.
init the following facts:
In the very opening limo they take our name;
Colonial Danes Of America" Then they 20 on
to snv:
The nrst society Of "The Colonial Danes Of Amer.
lea" was organized in New York In May, 1890. but
II was not Incorporated at that time.
That concession, that admission acknowledges
tho infringement Of our trade mark. L admits
ttnctive name. Then they say:
an In ,U sas ssRs,n s. Of r ssS1 thu New ;O , York . sG SsSS,c sent q,
THE Colonial Danes OF America"
This shows that the first idea-thc idea which
subsequently gcrminated in Philadelphia and
the New York society. The only question is in
whose mind did this appellatiop. this distinctive
Philadelphia who founded a chapter OF our
society or the other society No. The name
N SFs. c SorSI into MSe se, tSss In l Msny; i set int the &c city tg, Of
decided to take It. TO adopt 1t, and the records
show that fact. Their badge was patented in
| ini'tee TO three decisions which sustain my posi-
ton. Ono is tho decision OF the Supreme Court
men are aware. no court Of last resort IN any
state stands higher among lawyers than the
supreme Court OF the state OF Connecticut, The
decisions OF that court are regarded with the
greatest respect by the Judges of all our courts
In all the States and by the bar of the several
Then I will call your attention to a decision by
Judge Deadly Of the Unitoi States Court, re-
Volume OF Deadly. and also to a decision OF. Mr..
}}ir n;tsS s Bradley pf the supreme Court Of Il tho
holding the position which / ma intain to-day.
eo The first csse Is in the Dneadg's repoct page
Hallway comna iny" and others. o WHAT i is laid
down therei The grand principle that private
,Ss brot and p p III policy require y : WHAT i, &c ,irS
as any other trademark. And what is the time
when the right .accruesl Upon what, does our
our. articles OF Incorporation. When were tIey
fled April 10, 1891. OF course L you, go back
first originated in 1890. and i must be cancelled
on the other side that the ladies, however patri-
otto, never thought OF that name. but took it
from us, the case becomes clearer. Now what
docs Judge Deadly say:
BY the execution and filing of these articles the
~ Beeo@e aA eTel SSi@msa ap rpsfsSy sed sP Pf' nfser .ners,
any persons attempt TO Incorporate for any purpose
upon the rights of the hrst corporation, and therefore
iIissal. ANALOGOUS to e mot stronger than that OF q
and necessary consequence OF the wrongful appro-
and rights Of the corporation by destroying or con.
fusing Its Identity. The motives OF the persons at
riai. They neither assfsTste nor cItenuste the
injury caused by such appropriation: The act is an
have been done with an intent to cause the results
which naturally now from Il. Holmes, Booth 4
Company. 81 Conn, eTs)
will refer you to 81 Connecticut Report, page
between two established organized corporations,
so that the argument made in Mr.. Johnson's
s Sdsf that hat you Ss.n are inc powsrlesss b. because a. sm these sc So,
In othec States has no bearing. You cannot con-
slider 1t. II there has been unjust use or appro-
priation OF our name without our knowledge in
another State under such circumstances as
would justify us, II we were a business corpora
ton. to file an application to a court of equity
for an Injunction, you cannot close your eyes
TO that condition Of things:
featuring Company against the Cellonite Manu-
featuring Company, Circuit Court for the Dis
trict Of New Jersey, July IL, 1887 (32 Fed. Rep.
p. 90:
FYrst-As to the imitation of the complainants
name. The fact that both are corporate names is Of
no consequence, in this connection. They are the
are TO be dealt with precisely as II they were the
aanss sS an pT Was Of n tn o 1r p ssnSaInaI and Th Il defend sn n6:
,Ss ssmu ,n Inis, On ,S of the Il. - c9 9, Ms,l AMI s,h rs subject at s5 to Z
Win the complsinants Hight. similarly. not
sssy seeks 70 eeness himself y he sSsd
case by It's own circumstances. We may say .sener.
or mmislesd an ordinary unsuspectins customer 4 oh.
noIious to the Law. Judged by this standard. it
STANCES a Of " this sasc' the n aalns " " nIl"saitts M 4 Gffasaan.
ing COMPANY" ia sufficiently similar to that of the
Infringement OF the comrla;nant's trade name. The
Distinguishing words in both names are rather unusual
general similarity. added to the Identity Of the other
parts OF the names. makes a whole which is calculated
to mislead.
TO the law. What does Mr.. Justice Bradley say
In this casef He says the identity OF names sell
dom arises. That is too monStrous a proposition
to be considered-that is. that a company would
infringe the very name OF another, company.
ehsc K i tse a s eoart Of a in hame an Th so. M Rsst th Ss
was confronted With another company adopting
ton. and it said, TIE be sure. cellonite Is not
larity OF names. the user OF which must be
checked by q court OF equity" So; II even this
the same as ours, IL the case against them were
far weaker than II is to-day, II there was such a
SIMILARITY Of names as to mislead the public
other, II would remain the samoan infringe.
ment Of our property right, an infringement Of
tlemen of the committee not to take our name
tinctive name. TO the name adopted by us early
In 1890 and on that question depends this whole
our name. our distinctive appcliGtion, and II the
other side desire a charter under any name but
ours, take the whole dictionary. use all your in
Rcnuity. coin a thousand appellations. but leave
us our own distinctive name.
What is objected to is the use OF this name. the
name of the Society OF the Colonial Danes Of
Americas: and 1t is submit. ed that tho mere adj
dition OF the word National makes no sub
~stantial difference IN the meme adopted. What
Is meant by the Society Of the Colonial DANES OF
America 1t is not the Colonial Danes OF tho
colony OF New York. of the colonies Of the Mid
die States, or of the Eastern States. 1t is a So
ciety of the Colonial Danes of America. which
certainly, would include within its terms II So
ciety including all those residing within the
United States and the original scheme involving
the creation of societies of like character in other
States AFFILIATED with the parent society organ
lied in the State Of New York. Nothing in tho
original idoa limited the parent society to a
s2eiety local in its character and national in the
parent society should be a society extend.
Ing all over the country, national in
and purposes for which 1t wal created.
To allow this now organization to appropriate
this name invented by the organizers of he
original society is to allow 1t TO appropriate
their lahors; is TO desroil them OF what is justly
sHnI ntxn and that. thta rrA,NanI lany ,..1 a..