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/photos/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.
>