The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-02-11
PROTECTION ASSURED.
A Decision of the Uuited States Circuit
Court of Vital Interest to Housekeepers.

The action Of the United States Cir
init Court of Appeals in reversing the
decision of the Circuit Court of the
Northern District of New York in the
case of The N. Z. Fairbank Company VS..
The K. W. Bell Mfg. Company, for in
fringing by imitation on their "Gold
Dust Washing Powder package, not on
" assn ,es The N. K. Fairbank Company
of protection, but also the housekeepers
of the land Hereafter they will not be
annoyed with the spurious article sail
ing under the colors of "Gold Dust"
Washing Powder.
Judge Lacombe in handing down bis
decision sounded a warning to lm1tators
in tersely stated facts which have equal
interest for the bousekeepers. manu1ac-
turers and business men generally. nc
said:
"The Judge who heard the case in the
Circuit Court was strong in the convic-
tion that there was not similarity cal
culated to deceive any buyer OF ordinary
pru dence. thas there was no danger OF
imposition by any similarity between
the packages We are unable to reach
the same conclusion. When it is
borne in mind that articles OF this kind,
when once they are generally known, be-
come associated in the public mind with
the general appearance of the package
which contains them, it is quite concelv-
able that dishonest retail dealer VINO
kept complainant's and defendants pack
ages mingled together on the same
shelves, might easily palm off the one
for the other upon an unsuspecting pur-
chaser.
tRusiness men of ordinary acuteness
who wish to establish distinctive repu-
tation for their goods with the general
public, certainly do not begin BY assini1-
1ating the elements of their design to
those of some one competing manufao-
turer. When they are found doing this 1t
must he assumed tb at for some reason
or other they prefer to have their goods
ARRIVED not In distiu ctive dress but in
one resem ding their competitors. And
when it appears that snch competitor
has expended upwards of $500. 900 in adver-
Using his packages, that reason is no
bard to find.
ave have then the case of Dianufac-
turer who is careful always to sell it's
goods as it's own, hut who pnts them ur
in a style of package SO similar to that
nse1 by one OF its competitors, earlier in
the market, that INSCRIPTIONS dealers
who purchase from the manufacturer in
order to sell ct retail to consumers are
enabled to delnde large number Of such
retail purchasers by palminR off upon
them the goodH OF the manufacturer as
those of it's competitor. That this is I'M
fair CONF etition feens apparent, both on
reason and authority
Since "Gold Dust Washing Powder
has held It's own in every market as the
best cleansing comp ound Elads for all
purposes. there has been the necessity for
The n. K. Fairbank Company to protect
themselyes and their patrons from nu-
meroHs fraudulent limitations, and though
imitation is the tribute paid to success,
in this case the housekeepers would be
the sufferers if the tribute were not dis
dained The Fairbank 'Darky Twins
on the "Gold Dust'' package are as ia
milisr to the average housewife as the
face of the family clock.