The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-01-12
SOAPMAKERS SHUTDOWN
JUDGE sPEER DECIDES THE ARM
STRONG INJUNCTION CASE.

manufacturing or Offering for sale certain
brands ofsoap. alleged to be infringements OF
certain trademarks of Armstrong & Co.
The case came up yesterday for preliminary
hearing in the United States circuit court.
William G. Henderson of Washington, d.
c.. represented Armstrong g. Co., and
Saussy & Saussy appeared for the defend
ant.
After hearing the evidence and the argu~
ment of counsel. his honor Judge Spear,
rendered the following decision:
Gases Of this kind are not of usual occur
renee in courts of the south. We have
been an agricultural people, and it is only
Of late that we have turned our attention to
manufactures. This case is, therefore, of
more than usual interest. The plaintiffs
manufacture a particular brand of SOAP
called the Horse Shoe 1t is a soap used
largely for the purpose OF laundry
work, and is sold. especially in this portion
and illiterate class. The trademark, as
appears from the evidence from the patent
Office before the court, aud otherwise in
the evidence, consists of a double horseshoe,
with heels together, and il is not only easily
distingui5hable but can be easily simulated,
il there are those who seek to simulate.
"The charge is that the defendant has
oAluuldleu lill8 tIduG-Lildih, anu utSo kJde Avs
wares upon the market with the purpose OF
securing the valuable results flowing from
the labors of plaintiffs aud the successful
| operation OF their business. On the part
| of the defendant, it is insisted that the
use Of a label and soap resembling the
| plaintiffs, so far as the Horse Shoe
| brand Is concerned, was due to accident.
| And it is further insisted that when the &C
cident was discovered, the manufacture
! and sale Of soap with that particular adyer-
| tisement and Ii ade-mark was discontinued,
and that in lieu thereof another advertise
| ment and another soap, which abandoned
the horseshoe, was placed before the con-
sumtug public.
| NOT BEYOND LIABILITY.
Upon an attentive consideration and ar
| gument of counsel, the court is impelled TO
the conclusion that the use of plaintiffs
| trademark by the defendant, In 80 far as it
| was accidental, does not exonerate it from
such liabilities as the law will inflict. There
are features about the advertisement which
| make it appear that there was something
more than an accidental stimulation. The
| horseshoes with heels together are identi-
cal. 1t is true that the defendant uses the
word 'Mogul,' and plaintiffs use the
words Horse Shoe Plaintiffs ADVERTISE
ment reads, Consumers will find
the "Horse Shoen soap suitable
for any kind of washing. Economical in
use. Active in its work. Satisfaction
guaranteed to every purchaser. Defend
ants advertisement reads, Consumers will
find "Mogul' soap to be pure family SOAP
suitable for all kinds of washing The adj
vegtisement which the defendant substituted
for that which the plaintiffs use was sub
stantially copy of the plaintiffs.
USED THE SAME FORM.
While it changes the form in an immaterial
respect, yet it preserves with unusual care
| the same form. The advertisement OF the
'Mogur soap is two horseshoes with the
| heels together, and while it is not
| precisely the same shape as the original adj
| vertisement which the defendant issued, 1t is
| IN reality, a better horseshoe than that
which they first used; and in the opinion Of
the court, who has perhaps had more expe-
rience in horseshoes than be has had with
| soap. is more successfully calculated to mis-
lead the public. An inspection of the two
advertisements will show that there Is no
material difference whatever.
sit is insisted by defendants counsel that
the new adverment of the Horse Shoe
brand issued is In the form of the figure
8, instead of the form of a horseshoe.
The court is unable to perceive from the
inspection of the evidence that that Is true.
Manife5tly it Is not the figure s, but is
as near like a horseshoe as 1t is possible to
| be made, considering the relative positions
in which the double horseshoes are placed
together and person intending to buy the
soap of Armstrong 81 Co. might readily and
naturally be misled into the belief that the
soap of defendant was the soap described in
the trademark Of plaintiffs.
THE vARIoes BRANDS
I'm reference 10 the Racket soap, for
which the plaintiffs also have trademark,
the attempt of the defendant to win for it.
hn hal 70 ha a. fp
from the result of their successful pursuit
of the business of soap manufacturers, is q
great deal more apparent. The following
is the advertisement of plaintiffs The
Racket" soap sold only at stores where you
get the most goods for the least
money; strictly pure Racket" soap
with the Racket inclosed in an ellipti-
cal shaped Enclosure, with a scroll at each
end. Trademark registered June g. 1891.
Guaranteed pure sosp Consumers will
find the Racket soap soiteble for any kind
Of washing. Economical in use. Active in
Its work. Satisfaction guaranteed &c
every purchaser James Armstrong & Co.
Baltimore, Nd.
RACKET AND BRACKET.
1.-THE defendant seems to have tried tc
catch the very sound of the word Racket
Why should they call their soap the Bracket
soap? There is nothing about it that looks
| ike u DEdCh6b- ne WOIu 1AaCkSJ IN ble
vernacular of the day. as the court is adj
vised by the argument Of counsel, has q
peculiar significance. 1t means something
which makes a noise and attracts attention
and therefore the word Racket when used
by the plaintiffs indicated that their soar
had made a noise in the world aud had COM
manded the attention of the purchasing
public. But why should the defendant
use the word Bracket unless on accoun;
OF the simuitude between the words bracket
and racket Defendant desired TO get any
benefit which might exist in the sound OF thu
word racket and simply added to the worC
racket the letter B., and printed it with
an advertisement like that viii Oh bears the
trademark of plaintiffs, and which reads a
| follows: The bracket" soap sold only a
the stores where you get the most goods fo
the least money Then the elliptical shaped
inclosure and within it the wor,
Bracket with the scroll at the ends of tn
; ellipse, Identical with that on plaintiffs ad
vertisement, and using exactly the sam
, language: Guaranteed pure soap! Notice
Consumers will find the" Bracket'soap suita
BILE for any kind Of washing. Economical
in use. Active in its work. Satisfaction
guaranteed to every purchaser