OPINIONS OF THE SUPREME COURT IN THE CASES REPORTED Borough of Freemansburg v. Bogert v. Hertell, 4 Hill, 493, 40 503 Borough of New Brighton v. Peirsol, 107 Pa. 280, Borough of Shenandoah v. Erd247 man, 21 Weekly Notes, 553, 503 Bowser v. Maclean, 2 De G., F. & J. 415, Boyd v. Ins. Patrol, 113 Pa. 269, 88 Boyle v. P. & R. R. Co., 54 Pa. 310, Braddock Ferry Co.'s Appeal, 3 111, 156 Penny. 32, 144 247 48 42 Campbell v. Com'th, 96 Pa. 398 Caldwell v. Skilton, 13 Pa. 152, 45, 46 Commonwealth v. Moltz, 10 Pa. 540 Commonwealth v. N. Y. L. E. & 155 Allen, 26 N. Commonwealth v. Watmough, 291 Bradeen 2. Brooks, 22 Me. 470, 565 Clark v. Com'th, 29 Pa. 129, J. 398, 537 359 274 132, Briggs v. Spaulding, 141 U. S. 549 445, 446 91 Clark v. Washington Borough, 361 531 Craighead v. Given, 10 S. & R. 222 537 83 389 43 Crissey v. Ry. Co., 75 Pa. 83, Curtin v. Somerset, 140 Pa. 70, D'INVILLIERS v. Abbott, 4 Weekly Notes, 124, 111 246 463 Finch v. Mansfield, 97 Mass. 89, 565, Hamilton v. Graham, L. R. 2 Fire Ins. Patrol v. Boyd, 120 Sch. & Div. Ap. Cas. 166, 47 Pa. 624, 463 Hamilton v. Ins. Co., 5 Pa. 339, 329 Firmstone v. Mack, 49 Pa. 387, 134 Handley v. R. R. Co., 10 89 Fisher v. Keen, 1 Watts, 261, 493 Weekly Notes, 3, 503 Fisk v. Sarber, 6 W. & S. 18, Harlan v. Rand, 27 Pa. 514, 186 340 Fitzwater's Appeal, 94 Pa. 141, Harrisburg v. McCormick, 129 Ford v. Anderson, 139 Pa. 261, Pa. 214, Ford v. Kendall Sch. Dist., 121 Pa. 532, 516 95 363 Harrold v. Lane, 53 Pa. 268, 55, 59 Davis v. Moore, 13 Me. 427, 565 40 Del. & Hud. Can. Co. v. Torrey, 33 Pa. 143, Forks Twp. v. King, 84 Pa. Hart v. Cooper, 129 Pa. 297, 526 131 52 324 Dixon v. Yeates, 5 B. & A. 313, 565 96 236 ALBREATH v. Moore, 2 122 Hey v. Philadelphia, 81 Pa. 44, 389 555 55, 59 91 565 Hope's Appeal, 29 Weekly 101 402 Duffield v. Hue, 129 Pa. 94, 534 Dumn . Rothermel, 112 Pa. 272, 329 Gillespie v. McGowan, 100 Pa. Huey v. Gahlenbeck, 121 Pa. Wall. 74, 83 INDIANAPOLIS Ry. v. Stables, 250 Eberly's Appeal, 110 Pa. 95, Edwards v. Tracy, 62 Pa. 374, 131 Evans v. Scott, 89 Pa. 135, Weekly Notes, 417, 15 83 Hachulen v. Com'th, 13 Pa. 407, 406 359 Ins. Co. v. Nat. Bank, 71 Mo. 222 Hagerman v. Empire State Co., 58, 559 534 Holland Turnpike Co., 122 Hallett's Estate, L. R. 13 Ch. 458 12 Fesmire's Estate, 134 Pa. 67, 42 Halsey v. Ry. Co., 20 Atl. Rep. 549 Jackson Twp. v. Wagner, 127 387 81 222 240 394 Leidig v. Bucher, 74 Pa. 67, 88 Leitch v. Wells, 48 N. Y. 585, 40 Leonard v. Davis, 1 Black, 476, Lesley v. Randolph, 4 Rawle, 123, 565 486 Libhart v. Wood, 1 W. & S. 266, 397 Lichty v. Hugus, 55 Pa. 434, 12 Lienhart v. Forringer, 1 P. & 12 5, 315 McMaster v. Bell, 2 P. & W. McCullough v. Fenton, 65 Pa. McCully v. Clarke & Thaw, 40 Kimball v. Cross, 136 Mass. L AING v. Colder, 8 Pa. 482, 71, Leake v. Robinson, 2 Meriv. Lebanon Ins. Co. v. Kepler, 106 Lee v. Burke, 66 Pa. 336, 559 McKee's Appeal, 96 Pa. 277, Life Assn. v. Masser, 120 Pa. ards, 57 Pa. 142, Lockhart v. Craig, St. Ry. Co., 139 Pa. 419, Logan v. R. R. Co., 132 Pa. 403, 420 Long v. Stafford, 103 N. Y. 274, 559 Lord Howden's Case, 43 L. J. P. & M. 26, 555 Lord v. Water Co., 135 Pa. 130, 51 Lowe v. Dalrymple, 117 Pa. 364, 557 Lynch v. Knight, 9 H. L. C. 577, 250 Lynch v. O'Donnell, 127 Mass. 311, [ACGREGOR v. Rawle, 57 Pa. 184, 88 549 565 Mackay v. Moore, Dud. 94, Maclean v. Dunn, 4 Bingham, 722, Mitchell v. Buffington, 10 12 170 Phila. & Read. R. R. Co. v. 229 108 559 497 522 641, 476 489 Maisch v. Saving Fund, 5 Phila. 30, Prather v. W. U. Tel. Co., 14 168 Maloney v. Bruce, 94 Pa. 249, 233, 236, 237 Neff's Appeal, 52 Pa. 326, Marshall v. Gougler, 10 S. & R. 164, Pratt's Appeal, 117 Pa. 411 5 342 Proud v. Bates, 34 L. J. Ch. 222 406, 48 247 316 WEEKLY NOTES OF CASES. VOL. XXIX.] FRIDAY, NOV. 27, 1891. [No. 1. 66 The Cigar-Makers' International Union is a voluntary, unincorporated association of workmen, organized "for promoting the mental, moral, and physical welfare of its members." It devised and registered a label to advise the public that the cigars in the box bearing it were made by members of the union, an organization opposed to inferior, rat-shop, cooly, prison, or filthy tenement-house workmanship. Therefore, we recommend these cigars to all smokers throughout the world." Every member of the union was entitled to have this label upon the cigars manufactured by him. A manufacturer employing none but union workmen, who were entitled to use these labels, was refused them May 20, 1891. upon application, whereupon he had others printed in imitation of the genuine, which he proposed to use. A subordinate local organization of the union, not claiming the ownership of the label, but asserting the owner Supreme Court. Equity Injunction-Trade-marks-Definition of-Labels-Protection of-Labor organizations- The Cigar-Makers' Union." A statutory or common law trade-mark will only be protected when it has been adopted by a trader conducting an actual business, and has been appropriated by its adopter to a particular class of merchandise produced or sold by him. An association, which is neither a manufacturer nor dealer, and which is organized for personal and social objects, and not for commercial ones, is neither a trader within the meaning of the common law nor within the purview of the Act of Congress providing for the regis: tration of trade-marks. The Cigar-Makers' International Union, which neither makes nor sells cigars, but directs its attention to cigar-makers and seeks "to promote the mental, moral, and physical welfare of its members," is not a trader, and can have no distinctive trade-mark. When a statutory or common law trade-mark is adopted and owned by an association, such as the International Cigar-Makers' Union, no subordinate member of said association, such as a Union of a certain number located at a certain place, can maintain a bill in equity to restrain the infringement or appropriation of such trade-mark or device. A label which is designed not to designate particular goods made by the persons using the label, but to disLinguish between the workmen belonging to a certain labor organization and those who do not, and to discriminate against the latter, is not such a label as entitles its owner to protection in a Court of Equity, and its infringement or appropriation does not constitate such a fraud upon the public as will be restrained by an injunction. It is the right and, perhaps, the duty of labor to organize, and a labor organization which seeks to pronote the mental, moral, and physical welfare of its members" by securing for them fair wages, steady work, and the comforts of home, will be aided by the Courts in the accomplishmit of its purpose, except when the means adopted are, in fact, but an attempt e hurt and destroy those who do not choose to become members of the organization. ship of the international organization, applied for an injunction: Held, that although the conduct of defendant could not be justified, the right of plaintiff to use the label in question may well be doubted, whether the question be treated as one of morals or law, and an injunction should be refused. Held, further, that in the use of such label the union was not engaged in promoting the alleged objects of its association, but in trying to hurt and destroy those who do not choose to become members. The Courts will aid the former purpose, but not the latter. the decree of the Common Pleas of Lancaster Appeal of John H. Brendel, defendant, from County, granting an injunction restraining the use of a certain label or trade-mark, upon a bill in equity filed by Joseph McVey, president, and D. S. Hicks, Frank Gastiger, and H. Brownstetter, trustees of the Cigar-Makers' Union No. 126, of Ephrata. The allegations of the bill were substantially as follows: 1. Plaintiffs are cigar-makers and members of the Cigar-Makers' Union No. 126, of Ephrata, Lancaster County, Pa., and are respectively president and trustees of said union, which is under the jurisdiction of the Cigar-Makers' International Union of America. They complain for themselves and for all other members of the Cigar-Makers' International Union of America, numbering many thousands. The said union is a voluntary unincorporated association of prac tical cigar-makers, formed for the purpose of promoting the mental, moral, and physical welfare of its members, by assisting them to obtain labor at remunerative prices, by affording them pecuniary aid in sickness, and to. maintain a high standard of workmanship and fair wages as cigar-makers. For the purpose of designating articles manufactured by members of the union, they devised and adopted a trade-. mark or label, called by them the "Union Label.” 2. Prior to the adoption of the union label by the said union, the same had not been known anywhere, and since the said adoption it has been used exclusively by the members of the union, and it has been pasted on the boxes con |