OCR Text |
Show AX IM'OUTANT MIXIMl II; CIlcr J m lira Zan tmrllng Tho Question or TiaJe Marks In the case of the I'eople vs. tleorge l'artello, charged with counterfeiting a trale mark udoj ted by the Clear Mai an International Union of Atactica, Judge Ziue thla morning gave hU dtclslou on thedimurrvr to the lu Hctment, argued by thn defend ant's attorney (ti, I1. Armstrong) on Hiturday hut. His Honor said hero waa a trade mark cUlniod to havo been adoj tnl by the union named an organization stated tu bo composed of many thou sands of tror.t. and It waa Intended fur each niemtcrof thatorganlxatlon. It waa tu l-e regarled aa the mark usually fixed by tho jrsoii to show that thu cigars wero either ail I, ImiortiHl, or manufactured by him. rhlf Ctgarmaker's Union did not manufacture the cigars at all, but had simply ado fled a particular trade mark to tt employed by say L3,uo0 M-opletndllUreut paru ofthncouu-try. ofthncouu-try. I11 it Indicate that tho clean were made I y that pjrtlcular ludl ual, firm or corporation, as the enso might be? Tho purpono of a trade murk waa to protect a i cron who msnufartured, l.njrtedor ssld gooda of a certain tliweend who had a right to thu Leneflt of whatever reputa lion he might iMsea as h dralir. The purtoxe, hh Honor as surucd, of a trade mark waa to demon atratethat, aafarnaltruforriHl toctgars, they were owned, suld or Imiortedby a it-rial n ,-.noni. The particular trade mirk in question heru ludlmUd nothing of thu kin I; tin re waa iiull.liu to show that any one of tin hu 15,0Ji or 10,01)0 membemur the union us the mauufacturir. It was simply tnwl for thu teuefllof thu ClgarmAets International Inter-national Union of America. He did not thluk this cjiui within the de tlul tlou of ft trade mark, either us con flm-dtothe TerrltorUl statutcti or In cummoti law, and tho demurrer would thenforube sustained. |