"salt water taffy" -- 1925 Supreme Court Case

[Baker, John]

        Fred, didn't you say once that you have been a consultant to Westlaw?  There's not the slightest hint on Westlaw of a U.S. Supreme Court case that could plausibly be this one in the days leading up to March 30, 1925.

John Baker


-----Original Message-----
From: Gerald Cohen [mailto:gcohen at UMR.EDU]
Sent: Thursday, August 29, 2002 5:09 PM
To: ADS-L at LISTSERV.UGA.EDU
Subject: "salt water taffy" -- 1925 Supreme Court Case


   There really was a U.S. Supreme Court case involving "salt water
taffy," reported in the _NY Times_, March 30, 1925, p. 19, col. 7.
(title): '"Salt Water Taffy" Makers win fight Against Patent.'
                'Special to the New York Times.
    'ATLANTIC CITY. N. J.  March 29.--With millions at stake in
royalties and the future of their industry in jeopardy, about 500
candy manufacturers in this country, chiefly along the Atlantic
seaboard, have won the right, after months of litigation, to continue
using the trade-mark "salt water taffy."

     'The decision was given by the United States Supreme Court.  The
right to exclusive use of the trademark was claimed by John F.
Edmiston of Wildwood, N. J., in 1923.  He contended he was the
originator and the only one to manufacture "salt water taffy" for ten
years prior to 1905.  His petition for registration of the trade-mark
was granted by the United States Patent office officials.

     'Edmiston then notified all other manufacturers of the confection
to cease using the trade-mark and served notice that he would collect
royalties on all taffy made since 1895.  These royalties would have
run into millions.

     'The fight for the confectioners was made by James Brothers of
this city,. beginning in August 1924, resulting in a decision that
the term "salt water taffy" cannot be registered.'

Gerald Cohen