Democratic Sentinel, Volume 10, Number 33, Rensselaer, Jasper County, 17 September 1886 — An English Decision in Favor of an American Trade-Mark. [ARTICLE]

An English Decision in Favor of an American Trade-Mark.

[From the New York Morning Journal.] London, England, Aug. 26, 1886. (Special by Cable) —In the chancery division of the High Court of Justice, London, Vice-Chancellor Bacon has given his decision in favor of The Charles A. Vogeler Company, of Baltimore, Maryland, in the action brought by that house against H. Churchill & Co., of Brisbane, Queensland. The case, which has been in progress here since September, 1884, grew out of an attempt of Churchill & Company to register a trade-mark containing the words “St. Patricks Oil” in connection with a medicinal preparation. This was promptly opposed by the Vogeler Company, who, while admitting that the term and device which were sought to be registered by the Australian firm were in no respect identical to the wellknown St. Jacobs Oil trade-marks, contended, however, that sufficient similarity existed between the term St. Patricks applied by Churchill & Co. and St. Jacobs as used by the Vogeler Co. to cause confusion in the minds of the public and lead to purchasers being deceived. In support of this position they submitted an overwhelming amount of evidence from English, American, and Australian sources, with the result stated. Under the decision of the court, Churchill & Co. cannot register their mark and must pay costs of the case. This is the second trademark suit won by the Vogeler Company in England within three years.