Beech-Nut v. Beechnut

Costly lawyers argued before the Supreme Court of the U. S. last week over homonymic trademarks. The Beech-Nut Packing Co. (BeechNut provisions, chewing-gum, candies) wanted P. Lorillard Co. (tobaccos) to cease labeling one of its cigaret and tobacco brands Beechnut. Lorillard Co. asserted that Beechnut was the name of a chewing tobacco made by a now dissolved Kentucky firm they once owned; that Beech-Nut Packing was not making tobacco products and was not injured by the similarity of trademarks. Beech-Nut complained that some day they might want to manufacture cigarets and other tobacco products; then there would be direct conflict of labels.

The Supreme Court did not decide the case last week. But the pay of the lawyers continued. Large sums they were, because the litigants, both potent in Wall Street, went to Wall Street for their legal aid. And Wall Street, because it does attract financial genius, ipse facto attracts legal genius.

P. Lorillard Co. hired, for this trademark case, John W. Davis. Beech-Nut Packing secured Charles E. Hughes (1910-16 U. S. Supreme Court Justice). Less fortunate lawyers predicted the usual fat fees, said Lawler Davis had commanded in one case $5,000 a day, that Lawyer Hughes had received $100,000 for a single case. Both lawyers once ran for President and were defeated: Mr. Hughes in 1916, as the Republican candidate, Mr. Davis in 1924 on the Democratic ticket. Both illustrate the earnings-power of men in public life.