Charles Evans Hughes

“ We come, then, to the question of remedy.
In view of the acts of the defendant, with respect to the marks, labels, and bottles shown to have been used in connection with the liqueur made at Fourvoirie after the removal of the monks, the decree adjudging it guilty of infringement and unfair competition was plainly right. We are also of the opinion that the provisions of the injunction against infringement and simulation, set forth in the decree of the circuit court, were proper. ”

“ After a successful contest of the liquidator with the Abbe Rey, in which a judgment was pronounced to the effect that the latter was an interposed person or passive trustee under a deed of transfer found to be simulated, and that the properties claimed by him personally were in fact those of the congregation, and subject to the liquidation, the liquidator sought, by way of interpretation of this judgment, to obtain a declaration that the assets of the liquidation comprised the trademark registered in other countries. ”

“ Lecouturier [1908] 2 Ch. p. 733:
'Of course, in this country a trademark can only be enjoyed in connection with a business; but I think that the monks are carrying on a business in connection with which they can enjoy any trademarks to which they may be entitled, and the labels which were put upon the register, and in respect of which the defendant Lecouturier has had his own name placed upon the register. ”

“ This defense is based both upon nonuser of the old marks and labels, and upon the efforts made by the monks, since their expulsion from France, to associate their liqueur with a new designation, as the 'Liqueur des Peres Chartreux' or 'Liqueur Febriquee a Tarragone par les Peres Chartreux.'
But the loss of the right of property in trademarks upon the ground of abandonment is not to be viewed as a penalty either for nonuser or for the creation and use of new devices. There must be found an intent to abandon, or the property is not lost ”

“ The French law cannot be conceived to have any extraterritorial effect to detach the trademarks in this country from the product of the monks, which they are still manufacturing.
The matter was put thus by Lord Macnaghten in the House of Lords, in Lecouturier v. Rey [1910] A. C. p. ”