52 XX
THE HOUSE OF PERNOD AND SONS
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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.
xxxx 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.
xxxx It is also Pernod that the customers of the firm ask for in
their letters of invoice.
xxxx This detail has not escaped the attention of certain competitors.
xxxx 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

(Translated by "Artemis" for your pleasure.)




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