Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 245.
Mr. Outrey to Mr. Evarts.

[Translation.]

Legation of France in the United States,
Washington, November 26, 1879.

Mr. Secretary of State: A number of importers of French goods, doing business in the city of New York, have just called my attention to the decision pronounced on the 17th instant by the Supreme Court of the United States, on the subject of trade-marks, which they consider prejudicial to their interests. Not having as yet received an authentic copy of the decision referred to, it is impossible for me to determine to what extent it is at variance with the stipulations of the treaty of April 16, 1869. The question, however, seems to me to be one of such importance that I do not hesitate to transmit to you their original communication.

Be pleased to accept, &c.,

MAX OUTREY.

[Inclosure.]

Messrs. Osborn, Son & Co. to Mr. Outrey.

John Osborn, Son & Co.,
New York, November 24, 1879.

Sir: The undersigned importers of merchandise from France desire to call the attention of your excellency to the decision of the Supreme Court of the United States, filed on the 17th of November, 1879,^* in the cases of the United States vs. Witteman and others, declaring unconstitutional the acts of Congress on the subject of trademarks.

The opinion delivered contains this reservation: “The court wishes, however, to be understood as leaving the whole question of the treaty-making power of the general government over trade-marks, and the duty of Congress to pass any laws necessary to carry such treaties into effect, untouched.”

Relying upon the security offered by the treaty passed between France and the United States, and by the laws passed to carry it into effect, the undersigned have gone to great trouble and expense for the purpose of protecting trade-marks of French citizens whose goods they import in large quantities. By the decision above referred to, large interests are jeopardized, and the time and expense devoted to their protection in the past go for naught.

A timely compliance by Congress with the suggestion made by the Supreme Court as to the protection of rights pledged to French citizens by the treaty of 1869 may avert great loss. Each day’s delay is of importance. Until Congress takes action, the owners of foreign brands and trade-marks are at the mercy of the criminals emboldened by the knowledge that the Federal courts have been stripped of the power of punishing them.

Under these circumstances we do not hesitate to call upon your excellency to use your influence for the protection of the French interests thus endangered, and to pray your intervention with the Department of State, in order that the President of the United States may in his message to Congress, which meets on the first Monday of December, 1879, be induced to urge upon that body the immediate passage of a law to carry into effect the treaty with France.

In the confidence that this request will receive from your excellency that consideration which the importance of the subject demands, and which the interests of French citizens have never failed to obtain from you, the undersigned beg to subscribe themselves,

Your humble and obedient servants,

JOHN OSBORN, SON & CO.,
45 Beaver Street.

CAZA DE, CROOKS & REYNAUD

,
26 South William Street.

E. LA MONTAGUE

,
53 Beaver Street.

CHARLES GRAEF

,
65 Broad Street.
[An illegible signature.]
FRED. DE BARY & CO.,
41 & 43 Warren Street.
[An illegible signature],
51 Warren Street.
RENAULD, FRANCOIS & CO.,
23 Beaver Street.
EDWARD BLACKBURN & CO.,
10 Beaver Street.
ARGUIMBAU, WALLIS & CO.,
29 South William.

ALFRED PACONTOT

,
6 South William.
IVES, BEECHER & CO.,
98 Front Street.
[An illegible signature],
35 Beaver Street.
JOHN DUNCAN’S SONS,
1 Union Square.
E. HAZARD & CO.,
192–198 Chambers Street.
H. K. & F. B. THURBER & CO.,
West Broadway, Reade, and Hudson Streets.
ACKER, MERRALL & CONDIT,
130 and 132 Chambers Street,
Broadway and Forty-second Street.
C. HEERDT & CO.,
93 Water Street.
J. H. SMITH’S SONS,
25 and 27 Peck Slip.
[An illegible signature],
12 Vesey Street.
[An illegible signature],
9 Whitehall Street.
HENRY G. SCHMIDT & CO.,
38 Beaver Street.
[An illegible signature.]
JOS. RIFFLARD’S SONS.

PARK & TILFORD.

1. Vide supra, p. 39.