Mr. Hay to Mr.
Bryan.
Department of State,
Washington, June 1,
1900.
No. 196.]
Sir: I inclose a copy of a letter from the J.
C. Ayer Company asking that you will protest against the enforcement of
the law forbidding the importation of foreign manufactured products that
carry inscriptions all or in part in the Portuguese language, excepting
when imported from Portugal.
The wrappers of this company’s preparations have been duly registered in
Brazil as trade-marks.
The law in question appears, therefore, to violate the trade-mark
agreement between the United States and Brazil, and is in restraint of
our lawful trade and intercourse with Brazilians, denying practical
communication with the people.
You will energetically protest against the enforcement of the law.
You are referred in this connection to No. 194 of the 23d and No. 195 of
the 25th ultimo.
I am, etc.,
[Inclosure.]
J. C. Ayer Company to
Mr. Hay.
Lowell, Mass., May
21, 1900.
Sir: We beg to call your attention to the
law which the Brazilian authorities announce will be put into effect
July 1 next forbidding the importation of foreign manufactured
products that carry inscriptions all or in part in the Portuguese
language, excepting when imported from Portugal. The intention back
of this law is, of course, to prevent the sale in Brazil of American
or other foreign goods which need to have on the bottles, tins, or
other containers reading matter in Portuguese for the use and
guidance of consumers.
There is a very large exportation from the United States to Brazil of
food products put up in tins or otherwise, medicines, and perfumery
which would be almost entirely killed by the enforcement of such a
law.
This law originally was intended by the Brazilian authorities to be
put into force on January 1, 1900, but by reason of the strong
remonstrances made by the foreign representatives there has been
postponed until July 1 next.
The wrappers, in Portuguese, of our preparations—and we believe it is
the same with most of the American articles affected—have been duly
registered in Brazil as
[Page 58]
trade-marks, and we beg to quote as follows from a letter just
received from our resident agents at Rio de Janeiro:
“As trade-marks were the subject of an international treaty some
years ago (we believe in 1879 with the United States), we are of the
opinion that if foreign representatives take the matter up strongly
enough they will convince this Government that rights acquired under
treaty can not be lightly canceled by the passing of such a law as
that proposed, at all events without formal notice being given the
countries interested of the proposed modification to be introduced,
and an arrangement come to with regard to the time to be allowed for
making any change. We greatly rely on the combined influence of the
British and German ministers to get it annulled. We hope the United
States minister will take joint action, but in view of the interests
involved, would recommend your urging on the authorities at
Washington to issue positive instructions to the minister to press
the question firmly and energetically.”
As the American interests and trade rights threatened by the new law
are of considerable importance, we beg you will instruct the United
States minister to Brazil to take joint action with the British and
German ministers against the same.
We have, etc.,
J. C. Ayer Co.,
Alfred E. Rose, Treasurer
.
