Perth Amboy evening news., 1913-05-19
Action Taken to Restrain
Trenton Concern from Sell
ing Tobacco as Deception.
NAME OF "RIPLEN" TO
FOOL MANY PURCHASERS
Local Company Claims 1t Is
Simply Scheme to Get Some
OF Their Trade.

Because the firm of Samuel Fisher
and Company, of Trenton, has adop-
ted package for the sale of two
brands of tobacco, which from ap-
pearances Is almost identical with
the package used in the marketing
of two brands of tobacco manufac-
tured by the H. Rippen Company, of
this place, the latter, through Joseph
E. Stricken, is today applying for q
rule to show cause why an injunction
should not be granted by the Court
of Chancery of New Jersey restrain
ing the Trenton company from SELL
ing their tobacco in this kind of pack
age, so similar to that used by the
Perth Amboy firm. The plaintiffs in
the case of Hyman Rippen and Nor
ris Ripenbein, doing business under
the name of H. Rippen. and the de-
PENDANTS are Samuel and Rose Fish
er, of Trenton, doing business as s.
Fisher and Company Application
for the rule to be returnable in two
weeks Is being made by Mr.. Stricken
before Vice Chancellor Lewis, of Jer-
sey City.
The plaintiffs claim that In Decem-
Der, 1906, their company registered
the trade mark III. Rippen" and the
brands "Kassan" and "TisZa" in the
United States Registration Bureau
and filed them with the secretary OF
state. The brands are especially
used for chewing and smoking by
foreigners, and the packages In
which they are sold. as label, have
a coat Of arms enclosed In a fancy
border, which covers practically the
side of the pouch. The name II.
Rippen Is printed In big red letters
diagonally across the face of the
label within the border, and also
printed in red ink vertically on one
side opposite the border. They have
been manufacturing the brands for
a number of years and have secured
q creditable patronage for these
kinds of tobaccos. They have sold IT.
In Trenton for about five years,
where they have numerous custom
ers.
Recently, however, they have
found that S. Fisher and Company.
of that place. have begun manufac-
turing two brands of tobaccos, al
legged to be inferior grades, which
are sold under the names of "kac-
san" and 'Taszi', in a package bear
ing label with an ornamental bord-
er In which is enclosed a coat OF
arms, and across which is printed
III. Riplen in large, red letters dia-
gonally across the label, and ON one
si1e opposite the border 1t Is printed
vertically In the same color of ink
The kind of paper used in making
tho Daelapa I'm which tha fphaoon.
are sold is the same material, and
from general appearances one is Of
ten mistaken for the other.
The plaintiffs further claim that
this imitation was made expressly for
the fact of deceiving the customers of
the Perth Amboy firm and inveigle
them into buying the tobaccos of the
Trenton company. They claim that
so true Is the imitation that many
men, of limited education, accept the
goods of the defendants when they
believe that they are buying the pro-
duct of the plaintiffs.
The plaintiffs further allege that
the. Trenton company has no excuse
for using the name Of "H. Riplen,"
save for the purpose OF deception
though the Trenton firm contends
that 1t Is family name. Mr.. Strick-
er will cite numerous olses whence
injunctions have been granted re-
firms from selling goods
under certain brands that were ORR
ginated to deceive the public into be-
lieving that it was another popular
brand, which had through years of
business built up a substantial trade.