Siegert v. Abbott

Irving, J., delivered the opinion of the Court The bill in this case was filed by Carlos D. Siegert and others to prevent, by injunction, Cornelius W. Abbott and Cornelius F. Abbott from imitating the complainants’ trademark and labels, in which they wrapped the bottles of their bitters popularly called “Angostura Bitters,” by putting up a compound represented to have similar properties and virtues, in labels so much like those of the complainants, as to be a palpable simulation of them, by which the-public was likely to be, and was, deceived into buying the defendants’ preparation as and for that of the complainants. The bill also prayed for an account of profits from the sales made by the defendants in that way. The Circuit. Court enjoined one of the defendants, Cornelius W. Abbott, and his agents and employes, and forbade him and them to use the labels described in the proof as used by them ; but the bill was dismissed as to Cornelius F. Abbott, and no account of profits was decreed.

The complainants appealed because Cornelius F. Abbott was not eo nomine enjoined, and also because an accounting was. not decreed. The defendant, Cornelius W. Abbott appealed because any relief was granted. A motion has been made to dismiss the complainants’ appeal, on the alleged ground, that they have estopped themselves from prosecuting the same, by taking proceedings, after decree granting partial relief and awarding them costs, to enforce the payment of the costs. The whole case being open for review on the appeal of the de ²⁸⁴ fendant in the suit, and, on careful consideration being of ■opinion that there was error in the decree, and that the bill ought to have been dismissed, we have found the motion unimportant, and have not considered the legal question it raises.

It is a general rule of law, in cases of this hind, that Courts of equity will not interfere by injunction where there is any lack of truth in the plaintiff’s case ; that is, where there is any misrepresentation in his trade-mark or labels. Browne on Trade-marks, sec. 71, and sec. 474, et seq. The respondents invoke the application of this rule to the complainants’ case, as made, which they contend contains a misrepresentation on the face of the label at its very beginning. The heading of the label, as used when the bill was filed, is in three different languages, but the translation of the Spanish and German is the same as the English, which reads “Aromatic Bitters, or Angostura Bitters, prepared by Dr. Siegert, at Angostura, now Port of Spain, Trindad.” Here is, certainly, a statement that the article is prepared by Dr. Siegert; that it was prepared at Angostura, but is now prepared at Port of Spain.

It is a conceded fact that Dr. Siegert died in 1810. The bill so charges. He never lived at Port of Spain. The complainants, his sons and successors in business, removed to Port of Spain several years after his death.

One of the complainants was associated with Dr. Siegert in the business as his partner, and alleges that, as survivor, he succeeded to the business; and subsequently he associated his brothers, the other complainants, with him as partners in the trade. A late case in the Supreme Court of the United States, (Manhattan Medicine Co. vs. Wood, 108 U. S., 218 ,) decided in April, 1883, since the decision of the learned Court from which this appeal was taken, seems to be conclusive against the right of the complainants to the relief asked. There the complainants sold a medicine, put up in glass ²⁸⁵ bottles with panel shaped sides, on five of which, in raised letters, the words “Atwood’s Genuine Physical Jaundice-Bitters, Georgetown, Mass.” are blown in the glass. Twenty-five years ago the medicine was manufactured by Moses Atwood in Georgetown, Massachusetts, and was-sold by his agents throughout the United States.

The complainant in the suit was a corporation under the laws, of New York, to which, by successive mesne assignments, the sole right to use the receipt and manufacture the compound had passed; and that right was being exercised in New York City, when a bill was filed against one Wood for using- their trade-mark and labels, or simulating them, for a medicine manufactured by Wood in Portland, Maine.. The Court says, that Dr. Atwood sold his “ Atwood’s Vegetable Jaundice Bitters ” with this designation, that it was-manufactured by him. “As the medicine was tried and proved to be useful, it was