HISTARCH Archives

HISTORICAL ARCHAEOLOGY

HISTARCH@COMMUNITY.LSOFT.COM

Options: Use Forum View

Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Carol Serr <[log in to unmask]>
Reply To:
HISTORICAL ARCHAEOLOGY <[log in to unmask]>
Date:
Mon, 8 Oct 2007 17:18:25 -0700
Content-Type:
text/plain
Parts/Attachments:
text/plain (116 lines)
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.
>>

ATOM RSS1 RSS2