The evening world., 1911-10-05
TOBACCO TRUSTS
TRADEMARKS
AREAHACKED
Monopoly, Adjudged Illegal,
Cannot Protect Its Valuable
Names, Is Claimed.
Is A VITAL (.
Is So Far Reaching 1t May
Extend to Standard
Oil Products.
iS A VITAL ISSUE (.

cnsrles DusNkind. an attorney FOR the
Old Indis, snur Mills. to-day raised a
new and far-reachin0 point in tho evo-
iition o, the Trus. question under the
Nsandard OIL and Tobacco decisions lie
70. per mission from Judge 1.acomse. in
the United states Circuit Court, To n'e
q supplementary answer TO - suit hIed
nv the American Tobacco Company
AGAINST the Old Indian Mills.
In the answer the attorney asserts
that. a. the Tobacco Trust has been ad-
Judged by the courts TO be a yiolator OF
the Interstate Commerce laws. 1t has no
right to demand protection for It's trade-
mark. by enJ,lnine infrngements
Many OF the most valuable brands.
hath OF the Tobacco Trusts output and
~ the Standard on Company's produc-
Non. are protected by trademark. by
sAaei the buying public knows tho
goods. II r. obvious that II II may
appropriate the trademarks OF tho
trusts a Wide and disastrous loss will
follow.
Judge Lacomoe declined to pass on the
merits OF the contention. He contented
h.msel, by writing an Endorsement on
N. answer. In which he granted leave
70 Ale the papers and left all question
as to the validity Of the issues open.
The suit. ~ which the answer was
nlel, wa. instituted by the American
Tobacco Company. for IN purpose OF
snSo,ning tho Old Indian Snun Mills
from usine the word "Copenhagen" as
trademark for Q brand Of smun. The
complaint stated the American Company
had registered It's Trademark under the
act OF Congress-
Replying by permission Of Judge La
ccmbe. the Old Indian Mills Company
said the American Tobacco Company
VA ~sd3udged by the Supreme o OF
The United Statse to have violated the
acts Of Congress by maintaining . mon
oPoly and Restraining trsdA They A.
.>r Q company. IN such q legal position
may not come into an equity court and
initiate . complaint
1t In an sx!on Of the equity courts
~ the answer. that one who seeks
equity relief must come with clear
handA"
Then the defendant charges the To-
hscco Trust. under fhe dissoiving de-
dsion, has been shown 30 be without
clean hands and Its right 10 protsct il
trade marks therefore denied
In he cas- OF the Tobacco Trust ths
principle, II II Is upheld. will have wild,
scope Every one Of the leading articles
rid by. the concern. including cigars
snokinx tobacco. cigarettes, licorios AM
the other Lines, Ii known by a trade
mark name. In q cases the name Il
she most valuable pat of the output
having had 9 run Of public favor fol
many yearA
Carried beyond the mere issue Of tn,
right To protect q trademark, the issu,
may be found to extend TO a multitud,
OF bigger propositions, In which tn,
new answer would contend that an
corporation. convicted as a trust, woult
lose the legal right to protect itself an,
its interests.
Judge Lsoombe's order allowing tn
answer 10 he hled, stated: In granting
This application 10 file AN amended D
supplemental answer. the Court IL not 4
DC understood as expressing an opinion
one way or the other. as to whether IN
neW defense pr oposed to be set up woul,
or would not be worth anything. Al
that IN decided II that the long delay Il
moving 10 be allowed to interpose sue,
defense 10 sufficiently excused