WOLFE'S SCHNAPPS.

Wairarapa Daily Times, Volume VIII, Issue 2333, 29 June 1886, Page 2

WOLFE'S SCHNAPPS.

1 . . IMPORTANT JUDGMENT INJUNCTION GRANTED ofot SUPREME . (Prom tk Argus, M Jw&fjMJ} fcw ■ "The plaintiff, Mr Joel Br'Sdta. •claimed to bo entitled to the M#w use m a trademark of the name Aromatic Schiedam Schnapps, \»fiioh'tie kd applied to. a kind of gin sold by him in this colony and other pkocs. The dufoadant, Mr D. 0. E. Alsop, is the ageism Molhoiirne for Mr D. H. Burke, who' also sells Scheidam Schnapps. Mr, Burko had formerly been .in. the plaintiff, but the. parfnorahb dissolved inlßß2:rheplaiiitiffsoldßchli a upß under the name of 'Wolfe's' Aromatic Sohiddam Schnapps.: ■■ The r dofirtidaiit, after the dissolution :6f 'thi partnership, sold liquor under the name nf ;< Burk«'» Schiedam Schnapps. h .. The iil'sintiff complained that tJiia wa's'an infringoiumik of his trade markj which had been roiueMfrf in.this colony.for. more than fi#|Bfk*<*l His Honor held that the plaintiff MM au exclusive use to tho words ! U : Mwk as a trade mark, but 'he that Mr.Burko had adopted" tlie"L*ns ' Schiedam Schnapps' tor-the' liquid im by him, with .tho intention ufWrijjft punhtnn to belief thatVtJie liljfeVioia by him was tho plaintiffs giq-, th*t>a reference to Udolpho Wolfe on the Jobela of Burke's wrappers was calculated" tot 4 assist tho (Inception "by augi»ediiiigJ!%t A Biirb had uifhor the right or exclusive!! right to sell the same gin which he .hmi "* sold when in partnership with UJdulpho Wolfe and his successors; and that the liquor sold by him in bottles, labelled 'Burke's Schiedam Schnapps' waa the sauio as that.whioh the selling iu : bottlos laballed''. nVolfo'%. Aromatic Sohiedam : Schnapps. 'l~ Flo therefore mado a decree in favpr of the plaintiff (tho proprietor of ~Wplf,oV Schnapps) with costs, ;direot'ufr' v thi defendant's firm to be ■ soiling liquor in bottlos with the %W&''. referred to, and from doinganyact whW* would induce to the belief that the'gin* manufactured by <ir for jrlr Bujke am the liquor sold by \ha plaintiff 'itt'hoHß labelled 'Wolfe'B Aromatic,. SebielijL Schnapps," Mosivs M. Moss & Co'." inform us that they estimate the costs of tho suit, which has extended'- oyer-threo yearn, at above £3000.- ; ' ; '