in unfair competition with your orator's publications and in violation of its copyrights as aforesaid, and to the great injury and irreparable damage of your orator in its business, and for which it cannot be compensated in damages in an action at law.

And your orator further alleges and shows that the promoter and chief officer and manager of defendant's company is one Charles W. Dumont, who, prior to the organization of The American Law Book Company, was the treasurer of and a stockholder in the Edward Thompson Company, and was fully conversant with its plans and methods, having personal acquaintance with your orator's editors, salesmen and other employees and their methods of work, and that by reason of such fact defendant is fully informed as to your orator's business and its plans and methods, and that in order the better to carry out its scheme of unfair competition and to avail itself of your orator's good name and standing, and its original work as aforesaid, its methods of business and its copyrighted work, defendant has employed many of your orator's editors, salesmen and other employees, and has skilfully, stimulated the title of its said publications and its advertising matter, using in its advertising matter quotations and apt phrases long associated with the advertising matter used by your orator; that the better to conceal the use of any piracy upon your orator's publications in the preparation of defendant's books defendant has advertised that certain well known persons not connected with your orator's publications were editing its volumes and has caused the names of such persons to be inserted in its books as editors of articles, notwithstanding the fact that such articles were wholly written and prepared by former editors of your orator. And because defendant has availed itself of the original copyrighted work and the methods and ideas of your orator in making, preparing and selling its said publications, it is thereby enabled to prepare and publish its books with greater ease and accuracy and at far less expense and to sell the same in greater numbers and at less price than would be otherwise possible, in direct competition with your orator's books; all of which infringements, copying and piracy will more fully appear upon an examination and comparison of said Cyclopædia of Law and Procedure volumes one and two, with the aforesaid copyrighted books of your orator; that the said Cyclopædias of Law and Procedure are infringements of and piracies upon the copyrights of your orator, and the said books were made and intended to take the place of, and as far as possible to supersede, the said books of your orator; and that by means of the various arts and devices aforesaid defendant has been and is selling large numbers of its books to persons who would otherwise have bought or would now buy the books of your orator, to its great loss and damage; and the defendant, by means of the acts and devices aforesaid, unless restrained by this honorable court, will sell large numbers of its said books to persons who would otherwise buy the said Encyclopædias of your orator, to its great loss and damage. All of which acts and doings of the defendant are contrary to equity and good conscience and tend to the manifest injury and wrong of your orator in the premises.

And your orator further alleges and shows that the corporation defend.

ant has and maintains an office in the city of New York, in the southern district of New York, where its books are edited and published and where the same are kept on sale, which office is under the personal charge and supervision of its president, one Charles W. Dumont, and defendant's books have imprinted on their title pages, as the place of publication from which they are issued and sold, the said city of New York.

In consideration whereof, and forasmuch as your orator is without adequate remedy, save in a court of equity, your orator prays this honorable court to issue its writ of subpoena in due form of law directed to the said American Law Book Company, the defendant aforesaid, commanding it, at a certain day and under a certain penalty to be therein specified, to appear before this honorable court to answer all and singular the matters and things herein before set forth and complained of.

But the answers to the bill of complaint need not be under oath, an answer under oath being hereby expressly waived.

And your orator prays that defendant may be restrained by injunction, preliminary until final hearing and perpetual thereafter, from publishing, selling or exposing for sale, or causing or being in any way concerned in the publishing, selling or exposing for sale, said Cyclopædia of Law and Procedure, volumes one and two, hereinbefore complained of, and that the defendant be required to surrender and deliver the same to your orator, and be decreed to render an account of all of said books or numbers published and of all that have been sold, and to pay the same, besides the damages suffered from such unlawful publications, and the costs of this suit, to your orator; and that your orator may have such other and further relief as the nature and circumstances of the case may require, and as to this court shall seem just and equitable.

EDWARD THOMPSON COMPANY,

By JAMES COCKCROFT, Prest.

WALTER LARGE,

Solicitor for Complainant,

Office and post-office address, Temple Court, New York City. FRANK P. PRICHARD,

James Cockcroft, being duly sworn, deposes and says that he is president of the corporation complainant above named, and is familiar with its business; that he has read the foregoing bill of complaint and knows the contents thereof; that the same is true to the knowledge of deponent except as to matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.

Subscribed and sworn to before me this

ninth day of December, 1901.

GEO. BABCOCK,

JAMES COCKCROFT.

[SEAL.]

Notary Public.

FORM XV.-BILL TO PROTECT TRADEMARK.

[Baglin v. Cusenier Co., 221 U. S. 580, in which the author was counsel.]

[TITLE.]

BILL OF COMPLAINT.

To the Honorable the Judges of the Circuit Court of the United States for the Southern District of New York:

Your orator, Pere Alfredo Luis Baglin, of Tarragona, Spain, Procureur of the Order of Carthusian Monks, Convent La Grande Chartreuse, for himself and all of the other members of the said order, brings this his bill of complaint against Cusenier Company, a New York corporation, located at and having its principal office and place of business at No. 110 Broad Street, in the Borough of Manhattan, City and State of New York, within the Southern District of New York. And thereupon your orator complains and says:

I. That said Order of Carthusian Monks, of the Convent La Grande Chartreuse, generally known as "Peres Chartreux" (Chartreuse Fathers), has for about nine hundred years prior to 1901, continuously occupied a convent at La Grande, near Voiron, in the Department of Isere, Republic of France, and for upwards of four hundred years last past has continuously carried on the manufacture of a certain liqueur or cordial known throughout the world as "Chartreuse," which said liqueur or cordial has been, and now is manufactured by them exclusively, in accordance with a certain secret recipe or formula whereof the said order of Carthusian Monks has been and now is the sole proprietor, and which, by reason of its virtues and excellent qualities has become widely and favorably known, and is, and always has been, known and recognized by the distinctive name “Chartreuse,” indicative of its manufacture by the said "Peres Chartreux.' That in consequence of the skill and care exercised by the said "Peres Chartreux" in the manufacture of said cordial or liqueur, and of the merit of said formula, a great demand therefor has been created and still exists throughout the world, which demand your orator and his associates are able and willing to supply.

II. And your orator further shows that the said Order of Carthusian Monks, known as "Peres Chartreux," is a religious order of voluntary association, that your orator under the title of "Procureur" is the present business head of the said Order or Association, and has charge of and is responsible for the manufacture and sale of the liqueur aforesaid; and that on account of the great number of Monks, who are the associates of your orator in the Association of said order, it is impossible to join every one of them by name in this suit, wherefore your orator is constrained to bring this suit in his own name on behalf of himself and all of his associates.

III. Further your orator shows that in the year 1904, the said order of Peres Chartreux, in consequence of the enforcement by the French Govern

ment of an enactment known as the Associations Act, removed the branch of said convent having charge of the manufacture of said cordial or liqueur to Tarragona, in the Kingdom of Spain, where the manufacture of said cordial or liqueur known as "Chartreuse" is still carried on in accordance with said original secret recipe or formula (which is still the exclusive property of said order) under the immediate supervision of your orator, who, in his capacity of Procureur has custody thereof.

IV. And your orator further shows upon information and belief that he and his said associates, and their predecessors in said order have, for upwards of three hundred years, made use of the word "Chartreuse" as a trademark to designate the said cordial or liqueur manufactured by them; and such trademark has been used, throughout the world, exclusively for that purpose; that said cordial or liqueur has been commonly packed in bottles of peculiar design, and packed in cases, both bottles and cases bearing conspicuously the trademark "Chartreuse," together with other distinctive marks and symbols, such as facsimile of the signature of L. Garnier, who was, about sixty years ago the predecessor of your orator in the office of Procureur of said order.

V. That in the year A. D. 1876, the said order by its then procureur, Frere (that is to say "Brother"), Marcel M. Grezier, caused the said name "Chartreuse" to be registered in the United States Patent Office on behalf of said order, as evidenced by certificate of registration No. 3,377, dated January 25, 1876, as by reference thereto, or to a duly authenticated copy thereof, here in Court to be produced, will more fully appear; and that in the year 1884, said order caused a re-registration of said mark by its procureur (Frere Grezier), as evidenced by certificate No. 10,897, dated January 29, 1884, as by reference to said certificate, or a duly authenticated copy thereof, here in Court to be produced, will more fully appear; that said Frere Grezier, on behalf of said order, fully complied with all the laws of the United States in respect to the registration of trademarks; that said trademark had been, prior to the earliest registration aforesaid, and continuously to the present time has been used in commerce between the United States and a foreign country; and that said order has at this time the right to the exclusive possession and enjoyment of said trademarks.

VI. And your orator avers, upon information and belief, that since the removal of said order from France, certain persons in said country have, without the consent of said order, commenced the manufacture of a cordial or liqueur in imitation of that which has for many centuries been manufactured by your orator and his associates as aforesaid, and are marketing the same under the name "Chartreuse,'' falsely representing that it is made in accordance with the famous recipe long owned (and still owned exclusively) by your orator, and, for the purpose of injuring your orator and his association and of deceiving the public, have offered the said imitation liqueur to the public in bottles and cases similar in appearance to those long used by your orator and associates as aforesaid, and

bearing labels similar to those long used by your orator and associates, and placing thereon the trademark “Chartreuse.''

VII. And your orator has been informed and believes that the said defendants and each of them, acting jointly, without the consent of your orator and his associates, but in violation of their rights, have imported from France into the United States, at the port of New York, for sale and use, and have sold and used within the Southern District of New York and elsewhere in said United States and the territories thereof large quantities of said spurious liqueur or cordial, in cases and bottles closely resembling in appearance, and bearing labels closely resembling those long used by said Order of Peres Chartreux, as aforesaid, the resemblance being so close as readily to deceive the public and bearing the trademark "Chartreuse"; and that the said defendants have thereby gained and received large profits but to what amount your orator is ignorant, and therefore prays a discovery; and that your orator and his associates have been damaged by the said acts of defendants and their confederates to the amount of one hundred thousand dollars. And your orator is informed and believes, and therefore avers, that these defendants are in like manner about to import and receive in the port of New York for sale and use within the Southern District of New York and elsewhere within the United States and the territories thereof, further quantities of the said spurious "Chartreuse," under the trademarks, labels and other distinguishing marks of your orator and his associates, and will thereby cause irreparable injury to your orator and his associates unless this Court grants the relief hereinafter prayed.

VIII. And your orator avers that the subject-matter here in dispute is of great value, exceeding the sum or amount of two thousand dollars ($2,000), exclusive of interest and costs.

IX. And forasmuch as your orator and his associates can have no relief save in this Honorable Court, your orator prays on behalf of himself and all of his said associates:

(1) That your Honors will permit him to maintain this suit in his own name on behalf of himself and all of his associates composing the said order of Carthusian Monks (Peres Chartreux).

(2) That a perpetual injunction, issuing out of and under the seal of this Honorable Court, may issue against this defendant forbidding it, and its associates, attorneys, successors, assigns, agents, clerks, servants, and workmen from

(a) infringing the said trademarks or either of them;

(b) imitating the said labels or other distinctive markings and features of the genuine "Chartreuse" of your orator and his associates;

(e) making use of the name "CHARTREUSE" or any imitation thereof in connection with liqueurs or cordials;

(d) or in anywise representing that any liqueur or cordial or similar liqueur not manufactured by your orator and his associates or their successors in the said order of Carthusian Monks is the genuine Chartreuse, or is made in accordance with the secret process of the Carthusian Monks,