Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1900-07-14
AiMAHAHiS WINS TWO POINTS,
APOLtiNARjS ONE.

The ever increasing popularity of the
former water and the manner III which
it, proprictor> are continually extend
ing their trade to the displnc 'mcnt of
apolllnaris caused the latter company.
in the United states Court In the East
crn District of Wisconsin. 10 seek an
Injunction TO restrain the Use of the
name Alnanarls the oval.shnped label
and the orange color. II was held ar
ter a prolonged hearing and able argu.
ment 10y counsel on both sides that the
defendants had right to use the name
Almanaris: also 10 use an oval Label
with any color but orange or yellow
also they could Use the orange or yell
low color with any other shaped label
hut oval. but that the combination Of
the oval shape with the orange or yell
low color constituted so great SINH
larlty in appearance that people were
likely to mistake the bottles containing
one water for the other ana rs COM
plainants had adopted that style first
they were TO he protected In the use al
II. The plcadings furnish interesting
reading and defendants answer raises
many novel points.
We give herewith synopsis of boil
complaint and answer:
Circuit Court of the United States fol
the Eastern District of Wisconsin.
The Apolllnaris Company. Limited
Complainant. against The "Amerl
A II In,
tied. Respondents.
The Apollinaris Company. Limited
an alien. being a corporation duly or
ganiZed and existing under and by yir
tue of the laws of the Kingdom %
Great Britain and Ireland, having II
Office and principal place of bushes
in London. England. brings this It's bill
of complaint against the said rcspon
dents. all citizens of the United States
etc.
I. There Is In the Ahr Valley, In tn
Kingdom of Prussia, n certain spring
the waters of which are essentially III
like waters obtained from any otho
natural source. and many years ag'
when this spring was first discovered
about the year 1852, the owner OF
called II after n certain saint, "Apoll
narls." and It's waters "Apolllnar
Water" and this name. in no way d
scrlptve OF the ingredients. nature I
quality OF said water hecall
n designation and mark TO dlstingnls
IL from all other waters and has +
malncd so until the present time.
.. For upwards of twenty years la
past your orator has continuously Ia
and now has. exclusive control of sa
sprlng. and of all the water comli
thcrcfrom, and has sold and now sell
In the State of Wisconsin and IN
the other states of the Union lar
quantities Of the same, all under q
said name. designation and trad"mar
"ApOllinars:' no other person. hrm
corporation having sold, or now sellin
I'm the first instance any of the water
said spring. or having had, or now In
Ing any right 30 To do.
Prior 10 the year 1857 both Of the
bells were printed entirely In black
that year figure In solid red was ad
cd To the neck label,
Prior 10 the year 1890 only hot
and neck label were used. In that yc
label pasted over the cork was AIDE
with the exceptions noted, the colt
size. shape, arrangement AMI geh"l
appearance has been the same for
wards Of twenty years.
G. For upwards Of twenty years Ii
past your orator has sold and now So
the water ~ said spring In all Stal
Of the American Union under the 81
name, designation and mark, "Apoll
aris." and with the labels, mar
tokens dress and style Of bottlI
aforesaid, and has expended many hl
drcds ~ thousands Of dollars In adv
Using ana building up trade In
same.
:. In order 10 more fully notify
public Of the rights claimed by "
orator, in connection with the said m
tor Of designating and dressing
said goods sold by II, your ora
caused certain registrations 81 trl
marks N he made in the Patent of
NJ Washington. IA follows 10 wit;
oct l2, 1s7T-The word SYM
"Apolllnarls." used since 1852
Nov. . 1SsT-"An oval, orange
yellow label. printed In black, bear
near its center the picture Of 10
tain" Used since 1873.