The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-01
AMERICAN DANES LOSE.
JUSTICE BooKsTATER DECIDES THEIR
SUIT OTER NAME.

He Holds that the National and New York
State Societies Cannot DO Estopped from
Doing Good Under the Title of Colonial
Danes, and wishes Godspecd to All.
Judgment for defendants without costs was
rendered by Justice Bookstavcr OF tho Supreme
Court yesterday in the actions brought by the
Colonial Danes OF America to enjoin the Ma
tiona Society OF Colonial Danes Of America
and the Colonial Danes OF tho State OF New
York from using the name Colonial Danes"
The plaintiff Society claimed the name had
been pre-empted by it and had become identi-
fled with 1t in the put mind before its nppro-
priation by the defendants. The Justice says:
AT the outset It should be noted that this
case is unique. in that none OF the parties are
engaged in any business in the sense Of seek
ing financial gain. On the contrary. all are
equally seeking to accomplish patriotic and
unselfsh ends 1t Is. therefore, obvious that
the rules governing the right to trade marks
and trade names. evolved as those rules have
been from selfish attempts on the part OF one
person to appropriate for his financial benefit
what riGhtfully belongs to another. aud decis-
ions Of courts in thwarting such attempts. do
not apply to such a case us this. or at any rate
Ought not to be applied with the same strict
ness"
Delay Of the plaintiff in suing Is mentioned
by the Justice in connection with knowledge
on the part the plaintiff that the defendants
were meanwhile extending their operations.
He notes the work Of the Rhode Island branch
OF the defendants in raising n fund OF $2l 900
for the soldiers in the late war. and refers to
the Legislature incorporating the Colonial
Danes Of the State OF New York after the in
corporation OF the plaintiff. and in view OF the
statute against the filing Of a certificate OF in
corporation OF a corporation with the same
name as one already Incorporated. 1t is also
noted that the name OF the same defendant
was recognized subsequently by the Lsgisla-
ture In passing an act giving 1t charge OF the
Van Cortlandt mans sion in Van Cortlandt Park.
The opinion proceeds:
Another important consideration telling in
favor OF the defendants Is found in the fact
that there 10 no proof that any one has ever
Joined either OF Thorn In mistake for the plain
tiff or has been otherwise deceived or seriously
confused as to the identity Of the three socie-
ties; and. from the nature OF the case. It seems
hardly possible that any such mistakes can
ever accrue, to an important extent. at least
II this were a controversy between ordinary
business concerns and to be determined strict
ly in accordance with presidents. there would
still be serious doubt as to the plaintiffs
right to an injunction. But. as before
the ordinary class or authorities. Reasons
which may be all-suffcient to induce a court to
restrain defendant from making money that
a plaintiff is entitled to mako may be wholly
inadequate to warrant such interference
where It lie a question Of doing good deeds. In
such q case. the public welfare will not be con-
served by too great astuteness in recognizing
the exclusive rights that som stim es are accord
ed to priority. The work as well as the worker
should be considered, and chiefly considered,
because It is more importantthat philanthrepic
work should be done than that any particular
person should hsvo the qualification OF doing it.
In this case l certainly shall not attempt 10
tie the hands OF any Of the parties II there
is any advantage in the peculiarly suitable ap-
pellatlon Colonial Danes let them all have
that advantage. II they cannot see their way
to a composition Of their differences and to a
union, or II they think they can do better act
ing separately. so DO it. will not lay straw
IN the way OF any OF them. but rather wish
them all godspeod and the fullest measure oil
success in their good efforts"