New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1913-09-13
FIGHT ON COMMISSIONER
McILHENNY.

10th:
"Tabasco sauce has becom
factor in national politics.
To the lay mind this statement
will probably seem as logical as
the indication of DR.. Cook in
prohibition campaign. But, nev-
ertheless, it is absolutely true. In
this wise runs the story, a story
of business and politics and
woman's vengeance:
The setting for the first seen,
lies in New iberia, La, the home
of tabasco. It is related that
Louisiana supplies the entire
world with this peppery condl
ment. in these days requisite Of
every complete table. And New
iberia, where it was first
still retains the honor of manG-
featuring an overwhelming pre-
ponderance Of the world s sup
ply.
Back in the early Cos Edmund
McIlhenny, realizing the value OF
the little red peppers as a condl-
ment, began manufacture of
sauce from them which he called
"tabasco. And Edmund Nell
benny, 50 far as anybody knows
il the originator Of tabasco sauce.
In 1870 the term was patented,
and the Mcllhcnnys enjoyed It's
exclusive use until 1887, when
the patent expired and the word
became public property. After
the passage Of the trade mark act
by Congress in 1905 the corpora
ton known as Il. McIlhenny's
Sons. composed Of the widow
and surviving children of Ed
mund McIlhenny. applied to have
the name registered as a trade
mark, but the application was
refused. on the ground that the
term was geographical.
Another application Was made
under the section of the act
IN allows one trade mar
when one had enjoyed the exclu.
sive use Of a name for ten years
prior to the passage OF the act.
TO obtain the register the Nc
llhenny corporation was required
TO make an affidavit to that eff
feet. & -
The necessary affidavit was
sworn to by John A. Mcllhenuy
and the trade mark granted
Competition in Field.
BY 1900 the manufacture OF ia
basco had become so profitable,
that competition was invited.
Among others who entered the
field was the New iberia Extract
of Tabasco Pepper Company.
Ltd, composed of Mrs G. /.
Moss and her husband. They be
gan on modest scale, their first
years business amounting to
1896. Since. it has increased
by leaps and bounds, until tie
company now ships to Calcutta,
the Orient and every European
country.
SO much for the settling of the
scene.
Immediately after it had oh
tanned the trade mark the Nell
benny corporation sent 3O,ooc
copies of circular, setting forth
that the McIlhennys had the ex-
elusive use Of the term "tabasco
to dealers of condiment and spi-
ces throughout the United States
and Canada. In evidence of this
fact, it attached, copies of the
trade mark registration papers.
Suit was threatened to competi-
tors who persisted in placing the
name on the label OF their pro
duets, it is said.
This action was the signal for
a long-drawn-o out legal battle.
filed with bitterness and animos
ity, between the Moss compan'
and the Mcllhennys, and in the
end the Moses were victorious.
The various steps in the fight
were rs follows:
The year following the grant
ing Of the trade mark the Moss
interests fled proceedings to
have the registration Cancelled.
The committee on patents de
elared the trade mark cancelled,
and the decision subsequently was
affirmed February s, 1910, by tn,
Court Of Appeals of the District
Of Columbia.
Subsequently, the New Iberia
Extract of Tabasco Pepper Com
pany instituted a suit in the
State courts for $4,000 damages,
alleging that tho Mellhennys had
annoyed and intimidated their
The plaintiff was
zranted $4,000 damages by the
Supreme Court Of the State,
which declared that the Mcllhcn
~ corporation had obtained it,
!, ade mark registration by mis-
In these court proceedings the
defendant corporation pleaded
hat the declaration claiming ex-
lusive use Of the word "tabos-
O" had been made in good faith,
nd on the advice of counsel.
me Supreme Court found that
ne lawyer who was the legal
dviser Of the corporation at that
imc sent to John A. Mcllhenny
wo afiidavits, one claiming the
xclusive use of the name "tsbas-
D" and the other which cd.
u