Tonight's weird but true legal matter involves that stalwart of Pesach provisions - the Rokeach brand. In 1939, a rival manufacturer began to sell wine under the marking "Rokeach Brand". Anxious to protect its good name, Rokeach brought a lawsuit seeking to prevent the rival from marketing its product under the "Rokeach Brand" name. The decision is interesting from more than a legal perspective as it sheds light on Rokeach's history.
As discussed in the opinion, Rokeach was established in was established in 1884 in the City of Kovna, Lithuania, where the (father of the 1939 corporate president) Rokeach engaged in the business of manufacturing soap, which was marked with three Hebrew letters in color. Thereafter,
Mr. Rokeach came to this country and, in 1894, commenced the manufacture of the said soap, using the same three Hebrew letters in color, and also engaged in the production and sale of Kosher vegetable oils and bottled and canned goods for domestic use. About 1906 he formed a partnership with his three sons, under the firm name of I. Rokeach & Sons, which partnership continued in the said business until 1911, when the plaintiff corporation was formed. In addition to the articles already mentioned, the corporation subsequently engaged in the production of honey, cocoa, fruit preserves, fish, soups and other articles and established for itself a wide reputation and good will for its products. The name and trade-mark ‘Rokeach’ became well known as identified with products made and distributed by the plaintiff and its predecessors, and acquired a peculiar significance to the Jewish consuming public, denoting that the goods were produced by the plaintiff and were ritually prepared and permissible for use by Orthodox Jews. It expended a large sum of money in advertising its products in newspapers and periodicals and in displays in retail stores. In all of these advertisements, the name ‘Rokeach’ conspicuously figured.
In March 1939, the rival corporation began advertising in a morning newspaper that it was offering for sale Kosher wine under the name of ‘Rokeach Brand. The name of the rival corporation was also conspicuously displayed in these advertisements. A label somewhat similar to that used by Rokeach was affixed to the bottles and jugs. This label contained in smaller type these words: ‘Kosher for Passover and the entire year. Prepared under the care of Orthodox Rabbis and supervised by Rabbi L. Rokeach.’It also contained what appears to be a seal or stamp in Hebrew letters, with a facsimile signature of said Rabbi Rokeach.
In defending itself, the rival corporation claimed that it had "no intention to deceive or defraud persons purchasing this brand of wine by creating the impression and belief that it was the plaintiff's product. It further claims that, by reason of the fact that the wine is prepared under the supervision of Rabbi Rokeach, it has the right to use his name in connection with the advertisement and sale of its products."
The court refused to allow the rival corporation to continue the use of "Rokeach Brand", explaining that:
While I am of the opinion that there can be no legal objection to the use of the authentication that its products are prepared under the supervision of Rabbi Rokeach, I believe that the conspicuous labeling of its products ‘Rokeach Brand’ would tend to mislead the purchasing public into the belief that this particular brand was the product of the plaintiff corporation. The mere fact that it employs said Rabbi Rokeach on a yearly basis does not authorize it to use the name ‘Rokeach Brand’ in connection with the manufacture and sale of foods or beverages intended for the use of the Jewish people, even though these products may be non-competitive.
You can find the decision in I. Rokeach & Sons v. Atlas Import & Export Corp. at 171 Misc. 407, 11 N.Y.S.2d 864 (Sup Ct Kings Cty 1939).
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