Page:The Green Bag (1889–1914), Volume 07.pdf/82

 Legal Reminiscences.

59

We then discussed the case. I was so and a miscellaneous assortment of bad odors and broken food on their way to the street. familiar with it that in spite of my unaccus On the fifth floor there was the name of the tomed French, I made my views clear. The "There was only avocat and a bell. As I touched the latter avocat was delighted. the door opened and disclosed a person of one thing to be done," he said; " an early gigantic dimensions. He was fearfully and interview must be arranged with thejudge, wonderfully adorned and ornamented. He who would hear the case, and / must state evidently expected me, for he ushered me my views to him in the same manner that I into an inner room, and made heroic efforts had in the consultation." I thought I must have mistaken his to announce my name. He failed. meaning, but the avoue~ assented and said The attorney now came forward and pre that he had no doubt that he could procure sented me to the avocat, who in turn pre sented me to the president of the College of an invitation for me to breakfast %vith the Avoues, a dignified gentleman, employed judge. I am not easily shocked, but when in our suit. The avocat set the example, I really appreciated all that was implied in and we were quickly in consultation. My their proposal, it was some time before I French halted fearfully, but I managed recovered my equilibrium. At length I to make myself understood. The avocat spoke. " Are you gentlemen seriously pro had discovered a serious difficulty. How posing that I should meet the judge who is it was to be obviated he did not see, but to decide this case and discuss it with him there must be some way, and if necessary in the absence of the adverse party and his he would take the opinion of one of his counsel? " I asked. "Certainly, and why not?" replied the eminent brethren, who made a specialty of avoue. "It is probable that our adversaries trade-mark cases. I begged him to inform me of the nature of the difficulty. He said have had more than one interview with him. there was a special provision of the French It is not only proper, but the interests of code which limited the protection in France our client will be promoted by the dis of the trade-marks of foreigners to citizens cussion." "You will have to excuse me," I said. of countries in which the trade-marks of Frenchmen were reciprocally protected, and " If a lawyer should attempt such an inter in our case there was no proof that the view in the United States, he would be ex trade-marks of Frenchmen were protected in pelled from the Bar, and would deserve the the United States. I replied that such an expulsion." They did not seem to comprehend, nor obstacle ought not to prove fatal, as the highest judicial tribunal of the United States pay much attention to my objection, but continued to converse on the subject. Soon had decided that a trade-mark was recog nized as property upon the principles of after I took my leave, supposing that this commercial law, and that the trade-marks matter was ended; but it was not — far of aliens would be protected, in the United from it. For, not many days afterwards, I re States in all cases, whether other countries ceived, through the secretary of our legation protected them or not; and I assured them in Paris, a polite invitation to breakfast at the private apartment of one of the judges, on that the proof would be furnished by a vol ume of the reports of that court in which the following Saturday, with the usual request the decision was officially reported. The for a reply. As the proceeding was novel volume, I said, must be in their libraries, to me, I consulted Mr. Washburn, our to which they assented, and this difficulty minister, who advised me to accept the in vitation, and be circumspect in my inter seemed to be obviated.