Taste of Absinthe


Page 47

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. 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. It is also Pernod that the customers of the firm ask for in their letters of invoice. This detail has not escaped the attention of certain competitors. 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 the advantage of bearing a respected name; they have seen their correspondence intercepted, confusion put into their business relations, their customers diverted, all to the profit of an industrialist whom by good luck managed to get his hands on a homonym and was willing to trade illicitly on his name.