They have established their right to the exclusive use of the name "Chartreuse" in the United States by a suit recently decided by the Supreme Court. Reference to this case has been made on [page 35] of this book.
In another case, where an infringement of Fernet Branca Bitters was prosecuted, the defendant claimed that he had a right to use the name, as his partner was named Branca, and that this partner was a skilled worker in the preparation of bitters. He was, nevertheless, restrained from using the Fernet Branca name on his labels.
Most of these prosecutions are based on the law of unfair trade, but in one case, that of Petrotta, accused of selling counterfeit Martell Brandy and other liquors, the complainant founded his case on the charge of larceny. He held that in selling spurious goods for genuine the defendant obtained money under false pretences, and in that respect he is like a person who obtains money on a worthless check. This argument was upheld by the court, and Petrotta was sent to prison for two years.
Labels reproduced by courtesy of Trade-Mark Protective Company.
Infringement of Chartreuse Label
Genuine Chartreuse Label
This case is notable, in that it is the first case on record of a conviction for larceny of money obtained on a sale of counterfeit goods.