OF PONTARLIER (DOUBS)

Another more astute process consists in imitating as close

as possible the appearance of the Pernod and Sons bottle, the

seals of glass and wax which characterize it and especially the

label whose colors and design are reproduced most faithfully. It

is a question of creating in this way, between the two bottles, a

resemblance such that the inattentive or illiterate purchaser

voluntarily accepts the imitation for the true product.

This game is dangerous and many an industrialist who has

ingeniously come up with a label similar enough to that of the

House of Pernod and Sons to create confusion, and dissimilar

enough to dodge a fraudulent imitation lawsuit, - has seen his

calculations thwarted. With good reason the Court has trouble

believing, when some labels mistakenly resemble those of a

reputable firm, that this similarity is the result of pure chance,

they are always inclined to see rather the proof of illicit intent.

It is said, if the counterfeit is actually theft, the fraudulent

imitation constitutes a true breach of trust, a swindle, and the

Courts will never fail to severely repress this way of

appropriating the good of others, of attacking the honor, the

reputation of another, while often endangering the health of

the too trustful consumer. The House of Pernod and Sons has

no complaint about the results obtained in the keen war that it wages against the imitators of

its trademark.