Page:Federal Reporter, 1st Series, Volume 8.djvu/44

M TEDEBAIi BEP0BT28. �3. Conveying the distillery as the "Old Oscar Pepper Distillery" dld not give defendants a right to use the term as descriptive of their whisky. Dixon Crueible Co. v. Guggenheim, Cox's Trade-mark Co. 577; Rowe v. Sear- ing,Id. 244; MoArdle v. Peck, Id. 312; Woodward v. Lazar, Id. 300. By purchasing the realty, the vendee does not acquire the right to trade-marks used upon it, and one may use his trade-mark in a new place, though it was local in its original signiflcance, Wotherupoon v. Currie, 23 L. T. Eep. 443; 5 E. & I. App. 508. �W. Lindsay, for defendants, cited — �Leather Cloth Co. v. Am. Leather Cloth Co. Cox'a Am. Trade-mark Cas 704; Congress Spring Co. v. Righ Rock Congress Spring Co. Id. 630; Kidd v.. Johnson, 100 U. S. 620; ff. & H. Manvfg. Co. v. Hall, 61 N. Y. 229; Car- michael v. Lattimer, 11 E. 1. 407 ; Hall v. Barrows, 4 De Qflx, Jones & Smith, 151 ; Booth V. Jarrett, 52 Sow. Pr. 169 ; Canal v. Clark, 13 "Wall. 325, referred toin Mr. Justice Matthews' opinion; ana. also Lleioellen v. Butherford, ^9 Barb. 588; Newman y. Alford, e9 Ba.vh. 588. �Before Mr. Justice Matthews and Baer, D. S. �Matthews, Circuit Justice. This is a bill in equity filed October 23, 1880, the complainant being a citizen of the state of New York, and the defendants citizens of Eentucky. �It is alleged that both parties are, and have been, engaged in the manufacture and sale of whisky. The complainant claims to be the originator, inventer, and owner of a certain trade-mark and brand for whisky make by him, consisting of the words "Old Oscar Pepper," and also of an abbreviation thereof, consisting of the lettera "0. 0. P." He alleges that the said words and letters were and are a fancifui and arbitrary title and trade-mark and brand intended to designate and identify whisky of his manufacture, the use of which he began in 1874, continued since by branding and marking the words on each barrel, and using the letters as an abbreviation in correspondence and contracts concerning the article ; the whisky so designated hav- ing acquired that name, and being well and f avorably known thereby. He says that the said words and trade-mark were made up in fact of the family name of the complainant, and embodied the name of his f ather, and had never before been so used. He avers that the whisky made by him, and so branded, marked, and known, was very care- fully manufactured, and of excellent quality, and of great reputation in the market, commanding a ready sale at profitable priees, and was identified by said trade-mark as of the complainant's make, whereby the said trade-mark bas became of great value to him. He alleges that the trade-mark, "Old Oscar Pepper," was used by him by burn- ing the same upon and into the heads of barrels containing whisky ��� �