January 8 Monday – A short article ran in the New York Times on Jan. 9 about Sam losing a Chicago lawsuit (Circuit Court, N.D. Illinois) on this day, based on trademark infringement. Sam was represented by Thomas W. Clark, while Belford & Clarke by Hutchinson & Partridge.
MARK TWAIN LOSES A SUIT.
CHICAGO, Jan. 9. – Some time since Samuel L. Clemens brought suit in the United States Court against Belford, Clarke & Co., publishers, to restrain them from republishing his works. It appeared in evidence that the books republished were not copyrighted, but Clemens claimed his pseudonym of “Mark Twain” as a trade-mark. The court in its decision yesterday held that noms de plume could not be construed as trade-marks and that his failure to copyright left his works open to republication by any one.
Oliver R. Barrett referred to this case as Clemens v. Belford, Clarke & Co., 14 Federal Reporter 728 (1883).
“In that case, Clemens in his Bill of Complaint alleged that Belford, Clark[e] & Co., had, since 1880, published ‘Sketches by Mark Twain;’ that many or most of the sketches ‘in one form or another are substantially like sketches published prior to the year 1880’ by Clemens; that he had been greatly injured and his property in the said nom de plume or trademark of ‘Mark Twain’ as a commercial designation of authorship had been ‘deteriorated and lessened in value.’ Wherefore Clemens prays damages and profits and a writ of injunction restraining the further publication of said work and that the said ‘plates of such book be demasked and destroyed.’
“In a rather lengthy opinion, the court, relying on the fact that the sketches were not claimed to be protected by copyright [not in earlier newspaper printings] held that Clemens could not interfere with the publication of the book, and that he had no exclusive right to use nom de plume of Mark Twain ‘assumed by him;’ that his right to the use of a nom de plume ‘was no better or higher’ than he had in his ‘Christian or baptismal name;’ that ‘no pseudonym, however ingenious, novel, or quaint, can give an author any more right than he would have under his own name.’” [Twainian, Apr. 1945, p3]. Note: I have also reviewed the four-page decision (cite as: 14 F. 728) on Westlaw.com.
Sam wrote from Hartford to Arthur Gilman (unidentified).
If total unfitness for such service were a qualification, I could smile at competition….I am putting an octavo to press, & have never suffered so much nor so long with the having this kind of a child before. Let me recommend you to drop a line to Rev. Francis Goodwin, a man with abundant cash, leisure, scholarship, literary taste, lofty aims, & enthusiasms, & first-class business talent, inherited direct from his late father, founder & President of the Connecticut Mutual. If he says no, I can hunt you up a smaller man [MTP]. Note: Goodwin was a cousin of J.P. Morgan.
Jane Clemens wrote from Keokuk to family. She’d been ill and told of Dr. Bancroft saying it was nerves, giving her pellets to put in water & drink when the clock strikes every hour [MTP].
Karl Gerhardt wrote to Sam and Livy, that two more years of hard study lay before them. Also about the weather and progress with his work [MTP].
G.L. Spillman and W.H. Weller as Students of the “Awful German Language” wrote from Danville, Ind. to offer Sam a long German word, as Clemens had said in TA that he wanted to exchange same [MTP].