Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1915-07-08
Phony Liable Taken.
tCeatinaea fron Pags NJ

4COD1NAOO0 from rage Nsb
him to discontinue the sale of this
stogie, and where broken boxes areI
Found they will cover the phony label
with a sticker. The fight on the Miller
stogie win be conducted until they arel
driven from the Ohio valley, as that
is the decision Of, the cigarmakers' or
Fganfzation. The agreement effected
follows:
/ Memorandum of agreement made
land concluded in Wheeling. W. Va,
Ethis 9TH day Of FJuly, 1915. hy and be
tween the undersigned committee Of
S. ISL of the Cigar and Stogiemakers'
International Union. party Of the first
Part, and the Miller Cigar company,
party Of the second part:
Wittnesseth that, Whereas, the
party Of the first part has heretofore
caused to be instituted before r. G..
Hobbs, a justice Of the peace Of Ohio
county, West Virginia, an action
against the party of the second part
for its Infringement upon a certain
trade mark for label Ia copy Of
which said label is pasted to this
agreement); and whereas, it is de-
sired by both of said parties that said
faction be dismissed and the differences
existing between said parties be ami
cably adjusted; now therefore, in con-
sideration Of the dismissal of said &C.
ton and for the mutual advantage Of
both parties. it is agreed between
them as follows: 80
First-The said party of the second
Ipart agrees not to use or attempt to
use on any of its goods Of merchan-
disc any label that will be similar in
kind or amount to in infringement of
the trade mark. label which is the
property of. the Cigar and Stogiemak-
: ers' International Union. CA. copy of
, which label is pasted hereto.y M Z
i Second the purpose of permit
ting the party of the first part to in
, sure itself that the terms of this agree
ment are being complied with by the
party of the second part, it is agreed
/ that the said party of the first part
may at such reasonable hours as will
be convenient to said second party, en-
q ter upon its premises for the purpose
, LOT determining whether or not said Ia
! bel hereinto attached is being carried
. in stock by said second party or is be
, ing used upon any of its goods or mer
. chandise. In the event that the party
n of the first part finds that the said
4 party Of the second part atihis place
a Of business or at any Of its factories is
carrying labels similar in kind OF
amounting to an infringement Of the
label hereinto attached. the said party
Of the first part is fully empowered to
destroy such labels as carried in stock
Tor remove any such labels pasted to
4 any Of its goods or merchandise car.
ried in stock.
: Third-N is further agreed that upon
the signing and execution Of this pa
! per in duplicate the said action here
! tofore instituted before the said R. G.
: Hobbs, or any similar action hereto
fore instituted before any court, shall
l be dismissed, the said action before
the said R. G. Hobbs, however, being
dismissed at the expense Of the said
party Of the second part. It is also
agreed that no suit shall be instituted
against said second party upon Its
compliance with the terms Of this
agreement.
Witnesseth the signatures Of the
parties hereinto at Wheeling. W. Va,
the 7th day Of July, 1915.
| Local o. sol of the Cigar and Stogie-
makers International Union. i
! (Signed)
i CHAs. HIGGINS. -
/ MI. O'N1ELs r.-%-a
i F. w. SONDERMIAN.
i The Miller Stogie company by
] w. B. McMECHEN,
It's President d
Attested by Il
L. C. BRINKMAN. HfrI
/ It's Secretary.