Democratic Sentinel, Volume 8, Number 38, Rensselaer, Jasper County, 17 October 1884 — Important Decision Affecting Trade-Marks. [ARTICLE]

Important Decision Affecting TradeMarks.

In the suit of The Charles A. Vogeler Company, of Baltimore, Maryland, U. S. A., against Parrott & Co., of London, England, the Court of Appeals has granted the plaintiffs a perpetual injunction with costs. The action, which grew out of an alleged infringement of plaintiff’s well-known trademark, St. Jacobs Oil, was originally heard in the High Court of Justice, where Vice-Chancellor Bacon, without going into the merits of the case, considered it was one that should go before the Comptroller of Trade-Marks. From this opinion The Charles A. Vogeler Company appealed, claiming that they were being injured by the goods of the defendants, entitled St. Davids Oil, being mistaken for theirs, and that while they had taken steps to bring a case before the Comptroller of Trade-Marks, months would elapse before a decision could be obtained, and, as their business would be seriously injured by such delay, a restraining order should be granted at once. The result of the appeal was that a perpetual injunction was made, with costs. The proceedings before the Comptroller have been abandoned by the defendants, and the Baltimore house has thus achieved a double victory. By the order of the Court of Appeal, Parrott & Co. and their agents are perpetually restrained from using the term “St. Davids Oil,” or any similar term, as well as the words “The Great German Remedy,” and any words or marks similar to those used by The Charles A. Vogeler Company in connection with their St. Jacobs Oil. The progress of this suit has been watched with interest by the mercantile and manufacturing community of Great' Britain where thousands of trademarks of almost incalculable value are owned. It was shown by the evidence that plaintiffs had sold during the past few years over seven million bottles of St. Jabobs Oil, and had expended as high as five hundred thousand dollars in a single year for advertising throughout the world. Their success in this suit is regarded with great satisfaction in business circles. Eminent English and American legal talent figured in the case. The counsel for The Charles A. Vogeler Company, of which latter Mr. H. D. Umbstaetter was personally present, were Queen’s Counsel Theodore Aston, assisted by John Cutler and Theodore Mac Kenna, of London, Rowland Cox, of New York, and Gen. William Henry Browne, of Washington, D. C.