The San Francisco call., 1897-03-19
A QUESTION OF
TRADE MARK
Such Is the Complaint of
a Munich Corpora
tion.
Charges Filed Against the San
Francisco Brewery
Syndicate.
Damages in the Sum ef $4,000 AMI
PERPETUAL Injunction
Demanded.

A complaint has been filed by the
"Aktienbr nbrauerie yum Lowenbrau in
Munchen" against the San Francisco
Breweries (Limited) for $4,000 damages,
it being alleged that the local concern has
unlawfully initiated the product of the
plaintiff, selling the same to the public as
the genuine article-a certain beverage
called Lowenbrau, which being translated
means Lion beer"
The papers in the cause set forth that
the plaintiff is resident of the city OF
Mnnlch, kingdom OF Bavaria; that it con-
ducts all its business in Munich and has
never had any business agency or repre-
sentative in the State of California, in any
Of the Pacific Coast States of The United
States, and was ignorant and unaware OF
the fraudulent practices of the defendant
here mentioned until nine months ago;
that since receiving information of the
fraud, with intent to stop such unlawful
acts if possible, the plaintiff has been en-
deavoring through its employees and busi-
ness correspondents in various parts of the
country to obtain evidence of such fraud
ulent acts; that said acts are being con-
cealed by the defendants, and that by rea-
son of said conceaiment the plaintiff was
compelled to spend about seven months
in procuring evidence sufficient to verify
the allegations of the plaintiff herein set
forth, and that on securing the necessary
Information the present action was
brought with all convenient dispatch.
Alter reciting these matters, the plain
tiff, by Attorneys Loewy & Gutsch and
J. NJ. Nougues. asks for judgment of
court perpetuaily enjoining the defendant
from exporting, selling or offering for
sale, under the demon nation OF "Lowen-
brau" or "Lowenbrau Munchen," any
beer or beverage manufactured by the
defendant or any other person or hrm
other than plaintiff herein; from coun-
terieiting, duplicating or initiating in any
way whatever the plaintiffs trade mark
and applying such counterfeit IN any
manner 10 any beer or beverage other
than the genuine 'Lowenbrau"; from
using or applying TO any bottle or other
vessels containing any beer or beverage
other than the genuine "Lnwenbrau"
any parks or labels so closely resembling
the plaintiffs trademarks or labels as 10
be apt to lead the public into the belief
that such mark or labels are those used
by the plaintiff; from packing any spuri-
Gus product in bottles, boxes, etc.. such as
are used for packing the genuine "Lowen-
brau," or doing anything to deceive the
pu bic into the belief that said spurious
product is the genuine ''Lowen brau.
In addition 10 demanding 5000 dam
ages and perpetual injunction, the plain
tiff asks that the defendant berequired to
account to the plaintiff for and 10 Day
over to the plaintiff all the profits which
the defendant may have derived from the
manufacture OF said bogus beer under the
name of "Lowenbrau" or under said iIni-
tation trademark or labels.
On reading and filing of the complaint
and the approval OF a bond for $1,000, Pre-
siding Judge Seawell issued a temporary
restraining order enioining the defendant
and its employees from doing any of the
acts complained OF. On the I'd of next
month the defendants are required 10
show cause why the injunction asked for
should not be granted.