Genuine Old Tom Gin
Spurious Old Tom Gin
Reproduced by courtesy of Trade-Mark Protective Company.
On this page are shown pictures of two bottles, each labeled "Old Tom Gin". The bottle with the spurious label, shown on the right, is identical in size and shape with the genuine bottle. The labels are so much alike, in design and coloring, that one would easily pass for the other on casual, careless inspection. Upon obtaining the requisite evidence the spurious stock was seized, and the use of the imitation label was enjoined.
In the case of the owners of Edouard Pernod's Absinthe against John B. Van Opstal and others it was shown that the defendants were selling an imitation of Pernod's Absinthe under the fictitious name of "Aernod's" Absinthe, relying upon the similarity in sound to deceive purchasers. In this case the label of the genuine Pernod was closely imitated in design and color, and second-hand Pernod bottles were used.
The defendants being brought into court, a judgment and injunction was entered against them.
On the next page are two Chartreuse labels. The one on the right, bearing the name "Garnier" is genuine. The labels were exactly the same size and color. The infringing label was so clearly an imitation that the offending party did not contest the case, but surrendered the imitation labels to the Trade-Mark Protective Company, and agreed never to use them again.
Since the expulsion of the Chartreuse monks from France, and their settlement in Spain, they have adopted a new label, but the original label as shown here is also still used by them.