Henry Billings Brown

“ There is no attempt made whatever by the defendant to simulate the label of the plaintiffs upon the body of the bottle. The word Vichy is never used by the defendant alone, but always in connection with Saratoga. The two labels not only differ wholly in their design and contents, but even in their language,-that of the plaintiffs being wholly in French. Plaintiffs' label contains the word Vichy prominently displayed, with a picture of the thermal establishment where it is bottled, and the name of the particular spring. ”

“ For fifty years it has ceased to operate these springs through its own agents, since in 1853 the then Emperor of the French leased them to the predecessors of the Vichy company, which has since that time bottled and sold the water under successive leases as its own, upon the payment of an annual rental of 100,000 francs to the government. Its present lease does not expire until 1934. It thus appears that the French Republic has had no real interest in the product of the springs for fifty years, and that it can have no such interest for thirty years to come. ”

“ It argues much more than ordinary indifference and inattention to suppose that the large amount of this rival water could be advertised and sold all over the country without the knowledge of their agents, who would naturally be active in the protection of their own interests, if not the interests of their principals. ”