Mr. Hay to Mr.
Bryan.
Department of State,
Washington, May 23,
1900.
No. 194.]Sir: I inclose for your information a copy of a
letter from Mr. James A. Van Voast, dated Schenectady, N. Y., the 17th
instant, wherein he refers to a recently enacted Brazilian law to the
effect that “the importation of articles made abroad and bearing labels
partly or wholly in the Portuguese language is not permitted, except
when imported from Portugal, or when manufactured for factories,” and
inquires on behalf of his client, the Fulford-Hanson Company, whether
this law, which practically prohibits them from doing further business
in Brazil, is not violative of some trade-mark agreement between that
country and the United States.
Mr. Van Voast has been given a copy of the trade-mark agreement concluded
September 24, 1878, and directed to its provisions. He has been told,
too, that the Department had no confirmation of the law to which he
refers, but that you would be given copy of the correspondence on the
subject and directed to report thereon.
Awaiting such report, together with any suggestions you may have to
offer,
I am, etc.,
[Inclosure 1.]
Mr. Van Voast
to Mr. Hay.
Schenectady, N. Y., May
17, 1900.
Sir: My client, The Fulford-Hanson Company,
of this city, is a corporation engaged in the manufacture of
medicinal preparations and the exportation of the same to the
countries of South America, including Brazil. They have recently
been informed that during the past winter a law was enacted in
Brazil to the following effect:
The importation of articles made abroad and bearing labels partly or
wholly in the Portuguese language, is not permitted except when
imported from Portugal, or when manufactured for factories.
Inasmuch as it is necessary for the sale of my client’s merchandise
in these countries that the direction sheets should be printed
partially, at least, in the native language, this enactment
practically prohibits them from doing further business in Brazil,
and I would like to ascertain whether there is no trade treaty
between the United States and Brazil which is violated by this law,
and if not, whether there is any influence which may be used to
remove this unjust discrimination.
The enactment, if enforced, will affect to a very great extent and
very disastrously a large proportion of the trade between this
country and Brazil, and any efforts which may be made by the State
Department in procuring its nonenforcement or repeal will be fully
appreciated.
Yours, very truly,
[Page 55]
[Inclosure 2.]
Mr. Cridler to
Mr. Van Voast.
Department of State,
Washington, May 23,
1900.
Sir: I have to acknowledge the receipt of
your letter of the 17th instant, wherein you recite a Brazilian law
providing that “the importation of articles made abroad and bearing
labels partly or wholly in the Portuguese language, is not permitted
except when imported from Portugal, or when manufactured for
factories,” and inquiring in behalf of your client, The
Fulford-Hanson Company, since the enactment practically prohibits
them from doing further business in Brazil, if it does not violate
any trade-mark agreement between the United States and Brazil.
I inclose copy of the trade-mark agreement concluded September 24,
1878, between this country and that of Brazil. It gives, as will be
seen, citizens or subjects the same rights as belong to native
citizens or subjects in everything relating to property in marks of
manufacture and trade. It adds:
“It is understood that any person who desires to obtain the aforesaid
protection must fulfill the formalities required by the laws of the
respective countries.”
The Department has no confirmation of the law to which you refer, but
a copy of the correspondence will be sent to the minister of the
United States at Rio de Janeiro for a report in regard to the
matter.
I am, sir, etc.,
