I found one reference that inferred Gulden's "Don Carlos" trademark/brand
also covered olive oil AND bottled cherries. Jakob's bottle (and even the
larger 6-lobed variety seen on eBay) seem more appropriately sized (and
phytomorphically shaped) for cherries than olives
----- Original Message -----
From: "Carol Serr" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, October 08, 2007 7:18 PM
Subject: Re: Bottle ID help - Don Carlos
> Nothing (so far) I'm seeing about Don Carlos brand seems to be
> associated with Gulden's. But instead, olive oil...
>
> Don't know how old this bottle is, but it is barrel shaped...not
> 'blippy' like Jake's Gulden's bottle.
> http://cgi.ebay.ca/PIckle-Jar-Don-Carlos-Brand-Olives-Glass_W0QQitemZ260
> 148722173
>
> We had a Banquet Brand olive bottle, by Gulden's...
> - - -
>
> Side note.
> Seems Archaeoseek isn't operating currently?
>
>>-----Original Message-----
>>From: HISTORICAL
>>ARCHAEOLOGY
>>[mailto:[log in to unmask]]
>>On Behalf Of Bob Skiles
>>Sent: Monday, October 08,
>>2007 4:53 PM
>>To: [log in to unmask]
>>Subject: Re: Bottle ID help
>>
>>Anybody ever seen a bottle
>>of Gulden's Don Carlos
>>brand olives? Seems a
>>pretty good candidate for
>>Jakob's bottle. The
>>testimony in the case cited
>>below concerning trademark
>>infringement of distinctive
>>olive bottles (and
>>labels) seems mighty
>>interesting (I could only
>>access a snippet ... if
>>anyone has access to West's
>>online law database, they
>>could read the whole
>>transcript).
>>
>>~~~~~~~~
>>
>>Gulden v. Chance
>>
>>182 Fed. 303 (1910) C.C.A.
>>3d Cir.
>>
>>This case marks the end of
>>a long litigation. See 163
>>Fed. 447; 165 Fed.
>>624; 180 Fed. 178.
>>Defendants, shortly after
>>taking a former salesman of
>>plaintiff's into their
>>employ, adopted the name
>>"Don Caesar" for their
>>olives, and labels and
>>packages very similar to
>>those long used by
>>complainants in selling
>>their "Don Carlos" brand.
>>Held that lack of actual
>>fraud or wrongful intent
>>was no defence. The true
>>test for unfair
>>competition is not whether
>>jobbers or dealers would be
>>deceived, but whether
>>the resemblance is such as
>>is calculated and intended
>>to deceive he ultimate
>>purchaser. Defendants were
>>enjoined from using their
>>infringing bottles or
>>labels, and to account for
>>plaintiff's lost profits
>>and damages.
>>
>>Nims, Harry Dwight
>>1921 The Law of Unfair
>>Competition and Trademarks:
>>With Chapters on
>>Good-will [2nd edition].
>>Baker, Voorhis & Company,
>>New York. See footnote
>>17b on p 242.
>>
>>
>>----- Original Message ----
>>-
>>From: "jakob crockett"
>><[log in to unmask]>
>>>
>>> Photographs of the bottle
>>are available at:
>>>
>>http://www.flickr.com/photo
>>s/14689007@N02/
>>>
>>> The maker's mark on the
>>base of the bottle is
>>CHARLES GULDEN / NEW
>>> YORK. I thought, given
>>the distinctive shape of
>>the bottle, that
>>> Gulden (or someone at his
>>company) might have
>>patented the design. A
>>> search using google's
>>patent database yielded
>>multiple mustard bottles
>>> (as expected), but
>>nothing with this shape.
>>>
>
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