Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-07

y
jan1in Martin began the
facture and sale Of blacking at 81 So
High Holborn London, under the
firm of Day & Martin
Their polish well liked by the dandies of the period
and their business and profits grew large. They
still doing business under the name, at the
place, when Martin died in 1884 Charles Day sue
ceeded to Martins rights; but he too died in 1885, and
then Cros, Days executor continued the business
under the original name.
In 1884 young Day, a nephew of the original Day,
made some vague partnership arrangement with
friend of his named Martini and started in the backing
business at 9O4 Holborn Hill, under the firm NAME
Day & Martin. The bottles and labels of the firm
were prepared close resemblance to those of the
original firm.
Crofts consulted his lawyers An action was brought
and an injunction issued against the firm.
The court said that young Day had right to carry
the backing business honestly and fairly, and had
right to use his name; but he had right to
his name in such way to deceive and defraud the
public and obtain for himself by pretended partner
ship improper advantage the of the original
business. His use of the name Day & Martin i'm
proper.
the first time in the history of English law that any
had questioned mans right to use his name
as he pleased. Englishmen said it unwarranted
interference with their personal liberty and wrote let
tiers to the Times the subject. But today the
authority of Crofts Us. Day is unquestioned.
TEN years later similar was brought to the at
tention of the English courts. Again it was held
that might do business in his name, but he
must not make it an instrument of deception.
Long prior to 1900 John Burgess engaged in the prep
araton of fish relshes at 1O7 Strand,
London. If you have tried any of the Burgess
sauces. you may have tried your tongue the phrase
@She stood the steps of Burgess Fish Sauce House,
welcoming him in Burgess not only got his into
the tongue twster but he got it into the lawbooks
well.
Burgess was the first to manufacture essence of
anchovies. He put the relish on the market in dis
tinctve package and built up profitable trade in this
sauce, well in other preparations he made About
1900 he took his into business with him. and from
that time the business under the of
John Burgess & Son. About 1920 the original Burgess
died. and the turn took his son. the grandson of
the original Burgess, the business For thirty years
son and grandson continued in business together Then
the grandson, w. H. Burgess retired from the original
business and opened small shop King William street.
manufacturing and selling the same sauces that his
father and grandfather had sold before HIM In the
shop w. H. Burgess had two large plate glass win
dows. On one he put his name, "W H. Burgess" and
the other one "107 Strand; between the two win
dows in small letters he put the words "Late of.
Reading the whole sign together it said "W H. Bur-
CESS late of 107 Strand but the large, striking words
that met the eye of the passerby "W H. Burgess
1O7 Strand"
His father tried to prevent him from using this sign
and went further and tried to prevent him from using
the Burgess connection with his business. The
court said that the sign unfair and that plain