The comet. (Johnson City, Tenn.) 1884-1916, 1897-02-11
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A Decision OF the United States Circuit Court
of Vital Interest to HOusekeepcrs.

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A Decision OF the United states Circuit Court
of Vital Interest to HOusekeepcrs.
The action of the United States circuit
court of appeals in reversing the de-
cision Of the circuit court of the north
ern district Of New York in the case of
the N X. Fairbank Company vs. the
r, W, Bell Mfg. Company for inhing-
ing by imitation on their "Gold Dust"
Washing Powder package, and only as
sures the n X. 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
his decision sounded warning to imi-
tators in tersely stated facts which have
equal interest for the housekeeper,
manufacturers and business men gen.
orally, He said:
''The judge who heard the case in
the circuit court was strong in the con-
viction that there was not similarity
calculated to deceive any buyer or
ordinary prudence; that there was no
dunger 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, become associated i'll the pub
lie mind with the general appearance of
the package which contains them, it is
quite conceivable that dishonest re-
tail dealer who kept complainant's and
defendants packages mingled together
on the same shelves, might easily palm
off the one for the other upon an I'M
suspecting purchaser.
Business men of ordinary acuteness
who wish to establish distinctive
reputation for their goods with the
general public, certainly do not begin
by assimiating the elements of their
design to those of some one competing
manufacturer When they are found
doing this it must be assumed that for
some reason or other they prefer to
have their goods arrayed not in dis.
tinctive dress but in one resembling
their competitors, And when it APP
pears that such competitor has expend-
ed upwards of $500, 900 in advertising
his packages, that reason is not hard to
find.
. "We have then the case of a manu-
facturer who is careful always to sell
its goods as its own, but who puts them
up in style of package so similar to
that used by one of its competitors,
earlier in the market, that unscrupu.
lous dealers who purchase from the
manufacturer in order to sell at retail
to consumers are enabled to delude 0
large number of such retail purchasers
by palming off upon them the goods Of
the manufacturer as those of its com
petitor. That this is unfair competition
seems apparent, both on reason ant
authority.
Since "Gold Dust" Washing Powder
has held its own in every market as thu
: best cleansing compound made for al
purposes, there has been the necessity
for the n. X. Fairbank Company tt
" protect themselves and their patrons
from numerous fraudulent limitations
and though imitation is the tribute pait
to success, in this case the housekeep
ers would be the suffers if the tribute
!. were not disdained. The Fairbanl
.- ''Darky Twins" on the "Gold Dust
package are as familiar to the ayerag
housewife as the face of the famil
clock.