Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-03-01
UNFAIR TRADE DEFENSES


a distinctive dress. On every package he
printed a guaranty Of the quality of his
goods, and OF his own personal supervision
OF the manufacture. This guaranty was
signed in script in imitation of Langheim's
signature. In every way Langheim i'm
pressed his own personality upon his bust
ness and his advertising. The result was
that Langhcim's stogies became one Of the
best known and most popular brands.
In 1906 Langhcim died. His executor
continued the business, not changing in any
manner the dress of the goods or the adver-
Using. The personal guaranty, with the
script Signature was retained. There was
nothing to inform the users of the stogies
that Langhcim was dead.
Thereupon a rival company put stogie
on the market in packages that were almost
exact limitations of the Langheim goods.
Even the guaranty and the script signature
were copied.
When the executor brought suit to end
this infringement the imitators said that the
executor himself was guilty of material mis-
representation in the conduct of the bust
ness, and the court upheld this contention.
Langheim's personal skill and attention to
the business had been a large factor in its
success. He had always taken care that the
public should be advised of his personal SUI
pervision of the business The executor, by
his method of doing business, deceived the
public into believing that Langheim himself
was still alive. This was such a misrcpre-
sentation that it barred him from remedy,
even against open and fragrant piracy.
The object of a trademark or trade name
is to indicate ownership or manufacture.
When it ceases to do this or when it deceives
the purchasing public, then it ceases to be a
valid trademark.
IN Chicago merchant tailoring business
had been carried on in the same location
since before the fire. "Since before the fire.
in Chicago is a guaranty Of social authority
and business responsibility. This business
was established by a man whose name might
have been r. Mason. 1t is today still car
ricd on under the same name by son of the
original Mason.
r. Mason's patterns are sober blacks and
blues, and his styles are those affected by
bank directors and elderly gentlemen OF
leisure Eight or ten years ago a cheap tail
oring concern, "'rhe Great Wabash & Dear
born Wooden Company, Suits SIS, No More,
No Less" located in the block next to Ma
son. The wooden company was successful;
but not with Mason customers. A year or
two later distant relative of Mason's,
whose name was d. Mason, who had worked
for him for short period, was discharged
because his habits were not such as would
commend him to Mason's customers. He
was at once employed by the tailoring con-
Germ in the next block, and soon the wooden
company's signs were changed so that the
word I'D. Mason was displayed in large,
prominent letters and the "Great Wabash
& Dearborn Wooden Company had shrunl
so as to be scarcely visible across the street.
The situation continued for several years.
ID. Mason died; but the wooden company
sign remained the same. r. Mason never
stopped to notice the infringcr in the next
block. But one day an cnterprising COM
petitor of the Great Wabash & Dearborn
Wooden Company, who also made checked,
striped, and plaid suits at fifteen dollars a
suit, leased the wooden company's store with
out warning to that company. The wooden
company's officers stormed, sworc, and
threatened litigation, but finally moved out
and the enterprising competitor moved in.
If the wooden company people were angry
when their store was leased away from them,
imagine their feelings when their competitor
opened up with tremendous advertisements,
"John Johnson, formerly ID. Mason You
almost needed microscope to see John
Johnson, formerly I'D. Mason could be
seen block away.
And there the sign remains. Mason con-