
    NATHAN VAN BEIL, Appellant, v. HENRY W. PRESCOTT, et al., Respondents.
    
      Trade-mark—wards “Bye and Bock ” cannot be appropriated as such.
    
    Before Curtis, Ch. J., and Speir, J.
    
      Decided February 2, 1880
    Appeal by the plaintiff from a judgment dismissing the complaint.
    This was an action brought by the plaintiff to restrain the defendants from the use of the name “ Rye and Rock,” as applied to a mixture of rock candy dissolved in rye whisky.
    Plaintiff, in his complaint, claims that he adopted, in 1878, the words “Rye and Rock” as his trademark.
    The court, at general term, said: “ We concur in the views of the learned judge at the special term that the words ‘ Rye and Rock form a description of the article of which the liquid to which plaintiff applied the words is compounded, and, therefore, it is not a trade-mark. A trade-mark is an arbitrary sign or name. Any person who has a right to make the liquid has a right to give a description of it.
    “We are also of the opinion that the plaintiff was not the first to adopt and use the words ‘ Rye and Rock,’ as indicating the compound in question.”
    
      A. H. H. Dawson, for appellant.
    
      John A. Foster, for respondent.
   Opinion by Curtis, Ch. J. ; Speir, J., concurred.

Judgment appealed from affirmed, with costs.  