61 Md. 276 | Md. | 1884
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
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
A more exactly analogous case can hardly he imagined. It is true a removal from “Angostura” or “Ciudad Bolivar” to “Port of Spain,” is noted in the label; but it is •so noted as to leave the impression that Dr. Siegert, the inventor and original manufacturer, had so removed and was continuing his manufacture at “Port of Spain.” Although Dr. Siegert died in 1870, and anew firm was compounding the bitters at a place where he never did live •and compound them, when the simulation by defendants was begun and committed, no intimation is to he found in the label that he is dead, and that complainants as his legal successors are conducting the business under his name and signature, a fac simile of whose signature is preserved on the label. It should be remarked, that in the note of warning against counterfeits, at the left hand of the label, it is stated the bottles hear the complainants’ signature, which inspection shows to be not theirs, hut the original inventors. We are unable to distinguish this case from the Manhattan Medicine Company case, from the ■opinion in which we have quoted, and which we think it proper to follow in a case of this nature, in the absence of a statute of the State controlling the subject. The complainants have relied on Siegert vs. Findlater, 26 Weekly Reporter, 459, wherein the present complainants after the death of their father, were awarded injunction hy Justice Put in England. The same point respecting misrepresen
Eor the reasons we have assigned, the decree in this cause must be reversed and the bill of complaint must be dismissed.
Decree reversed, and bill dismissed.