"Mr. Thomas Cooper Coxon, called in ; and Examined.
2490. Mr. Moffatt.] You are, I believe, manager in London for the firm of Bass & Company, brewers, of Burton ?—Yes.
2481. Who are very extensively engaged in the manufacture of what is called Bass's pale ale ? —Yes.
2482. Do you use a trade mark in vending that ale ?—Yes (handing in the same).
2483. How long have you used that trade mark ?—We have used it for eight years.
2484. Have you found that other people have adopted a similar trade mark ?—We have found that it has been frequently imitated.
2485. And with the object, as you suppose, that their beer shall pass off as the genuine manufacture of Bass & Company, of Burton ?—No doubt.
2486. Is it your impression that that imitation has been prejudicial to your interests as a manufacturer ?—Very prejudicial.
2487. Can you produce to the Committee the imitations of the label, that they may judge whether the imitation is likely to mislead the public?—Yes (handing in some specimens).
2488. Chairman.] Are all these imitations ?— Yes, all but one; one is genuine.
2489. How do you know that that (pointing to the same) is a forgery ?—That label was sent to us from New Orleans, and this is a letter that we have received from New Orleans:
"We learned a few days since that a spurious Bass & Co.'s ale, purporting to be of your bottling, was in the market, and we hasten to advise you of the result of our investigations in relation thereto, viz., some three weeks since a German house of respectability in this city received a consignment of this ale from Bremen, which they have now on hand, with the exception of a few casks which they have sold to their German friends for private use; they have sold it, not for Bass's ale, but for what it really is, Bremen beer; they say they had never seen the genuine Bass label, and were not aware of the nature of the fraud which had been perpetrated until advised of it by us ; they will not sell any more of the ale, and they have given us the name of the party who is responsible for the fraud and forgery, viz., H. Deetzen, a brewer and bottler of Bremen, Germany. We enclose one of the counterfeit labels, which you will observe is a very clever imitation, and well calculated to deceive even those who are familiar with the genuine. The omission of the word 'by' after export will enable those who are advised of it to detect it readily. You will also observe, on scrutinising closely, the letters 'B' and 'S' on the margin of the inner circle, opposite the lower corners of the triangle, which are not in the true label. We hope you will be able to protect your rights, and those of Messrs. Bass & Co. in this matter, and punish the perpetrator of the forgery as he deserves."
The others were forged at Cadiz.
2490. Mr. Moffatt.] Is this fraudulent use of Bass & Company's label generally practised wherever Bass's beer is known ?—It is very general.
2491. Have you met with any cases of a similar kind in other parts of the world ?—Yes. I have one label here that was forged in Paris; another that was forged in Dublin; another at Glasgow; and another at Liverpool."
"Reports from Committees, vol 7." Report from the Select Committee on the Trade Marks Bill, 1862, page 114