Henry Billings Brown

“ It was shown that Andreas Saxlehner had used uninterruptedly the trademark 'Hunyadi Janos' ever since 1865; that in 1873 he had registered this trademark in Hungary, and that plaintiff had re-registered the same in 1890. It was admitted that, if the plaintiff had not been guilty of laches, acquiescence, or abandonment, she would undoubtedly be entitled to the exclusive enjoyment of both name and label. ”

“ But the contract with the Apollinaris Company was also put in evidence, together with testimony showing that from 1886, when the Hunyadi Arpad water began to be imported, some fourteen different Hunyadi waters were put upon the American market without opposition on the part of Saxlehner or the Apollinaris Company, and that the name 'Hunyadi' had become widely known in this country as applicable to Hungarian bitter waters. ”

“ The decree of the Circuit Court of Appeals will therefore be reversed, and the case remanded to the Circuit Court for the Eastern District of New York with direction to reinstate its decree of July 18, 1898, and for further proceedings consonant with this opinion. ”