A. Bauer & Co. v. Order of Carthusian Monks
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. Chartreuse is “a highly esteemed tonic cordial obtained by the distillation of various aromatic plants, especially nettles, growing on the Alps. It derives its name from the celebrated monastery of the Grand Chartreuse in France, where it is made.” Cent. Diet.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. Chartreuse is “a highly esteemed tonic cordial obtained by the distillation of various aromatic plants, especially nettles, growing on the Alps. It derives its name from the celebrated monastery of the Grand Chartreuse in France, where it is made.” Cent. Diet. The Order of Carthusian Monks has its monastery at La Grande, at or near Voiron, in the department of Isere, in the Republic of France. The order was instituted several centuries ago, and for 400 years has been engaged in the manufacture of this…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). T^he name “Chartreuse” was applied to this cordial because it was invented and made at the monastery of the Grande Chartreuse, and made by the Carthusian Monks. So that, as held by the French courts, the name at once designates the inventor, the maker, and the place of manufacture, and constitutes in each of these particulars a distinctive mark which could not truthfully be applied by others to a similar or analogous product. Garnier v. Berthe, 4 Annales, 119; Garnier v. Rivoire, 4 Annales, 155; Garnier v. Lindiere, 14 Annales, 225; Garnier v. Garnier, 14…
2Cases cited1 opinion
- A. Bauer & Co. v. La Societe Anonyme De La Distillerie De La Liqueur Benedictine De L'abbaye De FecampCourt of Appeals for the Seventh Circuit · 1903
3Cited by2 opinions
- Stewarts Sandwiches, Inc. v. Seward's Cafeteria, Inc.District Court, S.D. New York · 1932
- Baglin v. Cusenier Co.U.S. Circuit Court for the District of Southern New York · 1907