The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-05-28
KNICKERROCKER COPYRTGHT
IL Sot n Geographical Name" That Any
body Can Use in His Trade.

IL Sot n Geographical Nance THAI Any
body Can Use in His Trade.
Whether the word kniakerbocker through
literary aud other use has acquired such a
geographical significance in designation OF
1 this city that it cannot be exclusively used to
brand ii make Of goods vas ut issue in a case
just decided by Justice Bookstaver OF the Su-
preme Court. a certain firm took the word
as a trade name OF one OF its products in 1852.
along with a picture Of a man in knicker-
booker costume sitting in a large armchair.
The designation was copyrighted in 1871. Sub
seQuently a firm in Texas and another In Ken
lucky used the word Knickerbocker as the
name Of their similar product. but they desist-
ed 90 threats OF suit by the.copyrighters. No
one else has employed the word for such pro-
duct until the defendants assumed it in 1882.
Threats OF suit had no effect on the deien-
dants. who contended. on the advice OF coun-
sci. that the word as shown BY references to
literature and in Common p~ar!ance had ac-
Quired "a geographical Significance, so that
they were under cover of the rule OF law that
a. geographical name cannot be taken for ex-
elusive use. They further urged that as they
are Tirtually using their own :name. and the
law will not prohibit. q person from using mis-
N" The examination u Of samusi ~. Roosevelt.
who. with NJ. X. Schuyler. are the defendants.
DIDO you know how you came to adont
~factureP A.--Bocause Mr.. Schuyler and nv
self are both hnickerbockers.. .
.O.rrWhaI do you mean b. knickerbockers?
A.-hnickerbocker is u generic name. which
means descendants Of the Dutch. We both
belong to Dutch families.
They set IN in their answer: That the name
prior to 1852 both by itself and also. in connec-
ton with the symbol or device of ii man In
knickerbocker costume aS q geographical
term to designate the city OF New York. and
that IL Is for that reason incapable OF exclusive
appropriation by any one rs a trademark or
trade name
Justice Bookstaver saws that there is no
likeness in the labels and that the only uusS-
lion is whether an exclusive right 10 the des-
%ignation Knickerbocker. as applied to his
product. can DO maintained. He says:
recognize the fact that since the genius Of
Irving created the character Diedrich knick-
erbocker. the term Knickerbocker has come
to be intimately associated with tho city OF
New York In many ways. and. it may even be
conceded. exclusively. But it does not follow
nation. l do not mean to say that there may
not pa cases in which a whimsical or colo
Quial name given to a locality should be treat
ed Just like any other name. and be held to he
mean to say is that this is not such II case. and
in fact il does not even raise the question. be-
cause the word Knick erhocker lis not the
name OF a place at all. as the word Gotham is.
for instance. IL we resort u Irving again for u
pseudonym OF the city Of New York. To sum
dispute Is in no wise.descriptive OF or appro-
PIRATE to the product TO which II Is applied.
but is. on rho contrary. purely arbitrary. and
OF the character which the law permits the
first user to hold exclusively against all
others"
Judgment Is granted to the plaintiffs pro.
hibIting the defendants from using the word
Knickerbocker as a label for their product.