New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-09-23
La W LNI,EZLIGENOE.

SUPREME COZ RT-GFSERAL TRANSMIT S-Betoro
budse- Mitchell, ROOSEVELT and PEABODY.
THE LAW or TRADE-M,RKs-cLARKs SPOOL COTTON.
John CLARK Co. act George CLARK and another
The Tlantlffs manufacturers at Mile End Glss-
mark consisting Of four coneen, circles the inner in
nsxt sver the whole bounded by two coucentc blsot
Des la the inner circle is the number of the cotton IN tho
neq., ~ Clark, Jr, CO.. Mle End, Glasgow Clark. Jr
Co being ct the top Mile End glasgow, at the bottom. In
the six cord cable thread wsautd
WIN Whi,ewrsht, Nsw.york"
at SEED ' rse w. S s1e
e nd RsHs U S years ssr pt marx va. x
known dopted for their cotton to be sold In the Unid
nsons as those OF the PLAINTIFF tho oolor IN the
order With .he letters in back in gold in the plain
same Kind Of stamp In the next circle are Csrt
Co, Seed Hin Paisley" Csra Co. bers at the top ss
pans aud the oh, word. put below and in The reverss
orer thu psin,f. though these last words
n- J different from the PLAINTIFF
ET6.n circle Six cord eabed thread w,n.nts4
O yards psce5 a. IN ae ,hs od. oana ss sns
George Clark New.Yrks The word. sole ssent New:
their posi- the place their beginning and eadins and
the stamp Tor the letter. being exactly alike also in both
max and it .cce.Gly carried out ey actually nnssTins
except that the plaintiff have tb- Wa Whites right"
"Mic End. Glasgow" j. Clark, Jr. Co.." when tbs
defendants have George Clark" Seed Hil, Paisley"
The effect Of bi. imitation must exc.p. very
lnowh that William whitewr.ht ssen. plain
f would nsursy suppose that George Clark had been sub
that the OF the OF the agents would
not prevent deception; .
CO.. that would for the sans especially when placed
the position IN the kLd Of letters and on the
ground The difference In residence being stamped % a. 70 b
noticed.
The Jaw Of Of origin and may BE- compre
hended in the proposition that dealer has property his
r. De mark The ownership ia allowed 10 him that he
s,tic~. made BY him. and The, no other may able
. tho public bis that which Is not bis Az imitation Of
oSservs doe Si the same haa a. sn entire counterfeit
If the Wholesale buyer who most conversnt With the
jury the In kind and differs only Ia degree The
nigh, Of action mn ta., r the last a, wen q. tns % 81
the wholesale buyers nom which Of the TIVE they
Sg a. md by i I've s"'
defendants in this should be- enored from using 70. msrt
which they and from INIT on OF it with only
eooIsbs daeuce Bu: tie injunction should Dot BE- ~
STGsd .S::S s. ,sp.sd that tho '' ass
ant. might distinctly understand what 70 prohibited
. oid R PiH they have s Gsss ci a
New ibis they nsy express a. wei as inc number o.
m,s t IS. Dn fb could r. Soas By sss
6rr stead Of only psrt Of By changing the ode. q
figure. ard tho pon oftbe letter.. There viii still be
.alay between the labels Of the so ha may n. ssd .eme
the business and the ubdonbt.d right Of es5
to his name and describe the article which be sells
By is wei. Known but does Lot result hom an imitation
The iDiuDction should be modified accordingly.
The psnts complain that the defendants caused % be iu
serted IN the newpapsrs IN advertise that G:. TO-
cotton was sold wholesale only By oeoss snss
The defendants show tas. their advertisement WA In
to BE- in.risd in the daily pspeT. advertisement ts
Clark. spool the genuine sce has the name Of VIM
eotteI enc IS 10Th are e.eh sD,asa =
his called BY The Of Csrks spool cotton The
The deisn1snt. adversenent Il intended only indirectly
negative the pen,ii mu be considered :, part q war 10,
interfere in his behalf until he lays down the hos
which has assumed and IN p~ecetu ~
suSe to ash for the pIOseO. 81 TOE ST No, h. ~ =
the advertisement unless the plaintiffs sPna 70 ~
they have Inserted The injunction sh's'e
SPECIAL TssM- Before Judge PsAsoDy.
Mary E1;b.h HOLMAN "a - =, y ~. n msim
Chsbs X. Covert sst- stephan "'nns
Motion denied ..
n Ann Bls,ebford at New and Sewhsve AAnfssA
Company.
In this ar Application wss he a..
ants ou, making dearns any os,a.ns snm .a
OF the eoDpspy settled ins IN n, aS,smscs -
lon TO- Dissolve Injunction wa. and ta' speb
r,tson that it be osde perpetual aen'e''
,v,rFn STATES CIRCUIT CoURT-sErr. a.-Botss
o-" Judxr NELSON
,,c,s,as IN ADMIRALTY ON APPEAL-sALvACE sBS.-
Observation-Disclosures.
Charlie. Carou Charles y. Sandfod al others.
NEIsos, &. The libel was filed in this csse b.
the sppese. the Court below salvage for eous
on sansn Beah April 1854 laden with cargo and psssnses
The weIe owner. Of the ship D.iswse wheh -
started on her usual tips from the City Of New
the city Of RhA1eiphis. and, the mspiDs o. sae nn
April ciscoterd the Underwater 10 distes, The tern a
subsdod but the wind esh from the had aud sss -
rolling Leas1y spon the She had bossd
anc 1oe passrIsr~ ffaits being made f'"n .s
lot thou, success The mssr 81 the Dvssae eessa
sad bet TO oommur oste vita the cse'r - he,.
~c.d IN he eomonr!r.ou and harmed ieoa the CtvS.