52 | XX | THE HOUSE OF PERNOD AND SONS | XX | XX |
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obtained in the keen war that it wages against the imitators of |
its trademark. It would be tiresome to mention here the |
various judgements rendered in its favor in similar affairs. Let |
us limit it to citing one judgement returned on May 20, 1884 |
by the Court of Chalon on the Saone and upheld the following |
21st of November by the Court of Appeal of Dijon, in the case |
between Mr. Pernod and Sons and Mr. S..., distiller. This |
judgement notes that the label filed by Pernod and Sons at |
the Clerk's office of Pontarlier, comprised notably of the |
federal Swiss cross surmounted by a cap, as the principal |
figurative element, along with the dimensions, the |
arrangement and the colors on the label, constitute the |
exclusive property of Pernod and Sons as its trademark.
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It is a fact known to everyone that the product made in |
the factory of Mssrs. Veil Picard is not called in public by the |
name absinthe. To distinguish it from similar products, its fans |
call it by the name of its manufacturer and, everywhere today, |
at the aperitif hour, it is a Pernod for which they ask.
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It is also Pernod that the customers of the firm ask for in |
their letters of invoice.
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This detail has not escaped the attention of certain competitors.
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All the large firms have been wounded by homonyms; |
all, at some time, have seen arise in their vicinity, sometimes in |
the same town, individuals hitherto unknown in industry, |
without special knowledge, without money but with by sheer |
chance
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(Translated by "Artemis" for your pleasure.) |