U.S. Circuit Court for the District of Southern New York, 1899

Koscherak v. United States

Koscherak v. United States
U.S. Circuit Court for the District of Southern New York · Decided January 18, 1899 · Wheeler
91 F. 524; 1899 U.S. App. LEXIS 2909
Koscherak v. United States

Opinion of the Court

WHEELER, District Judge.

These siphon bottles for mineral waters appear to be decorated by having private names, trade marks, and directions etched ornamentally upon them. They are claimed to be without ornamented or decorated glassware as provided for in paragraph 90 of the act of 1894 (28 Stat. 513) on account of the private nature of the ornamentation. They are not, however, the names, trademarks, or directions of the importers for identifying their wares, but appear to be imported for sale to others who may want the bottles so decorated for their use. The decorations may limit the purchasers to but few, but this limitation does not change the character of the importations which come within that paragraph. Decision affirmed.

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