Oliver Wendell Holmes, Jr.

“ It does not belong to the plaintiff alone in this country, even if she is the only one now sending the water here. But if there is any well-founded doubt as to the right to use a personal tradename with proper guards against deception to signify what one is imitating, where one has the right to imitate, there can be none that one is at liberty to refer to a geographical expression to signify the source of one's model. 'Hunyadi,' at best, is now only a geographical expression in effect. ”

“ The petitioner is the owner of wells in Budapest from which comes the water known throughout the world by the arbitrary name, 'Hunyadi Janos,' given to it by her husband. The respondents make a bitter water in Cincinnati, and label it 'W. T. Wagner's Sons Carbonated Artificial Hunyadi, Conforming to Fresenius Analysis of Hunyadi Janos Springs.' Formerly they for a time labeled it 'W. T. Wagner's Sons Artificial Hunyadi Janos. ”

“ The plaintiff says that no one can succeed in imitating a natural water. But all are free to try. In the absence of some fraud, injurious to the plaintiff, it would be going far under any circumstances to allow her to prevent advertising 'Artificial Hunyadi.' But it is enough to say that under the decision in Saxlehner v. ”