The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1897-02-11
PROTECTION ASSURED.
A Decision of the United States Circuit
court.of vital Interest to Housekeepers.

Court.of Vital Interest to Housekeepers.
The action of the United States cir
cult court of appeals in reversing the
decision of the circuit court OF the
northern district OF New York in the
case of The N. K. Fairbank company
VS.. The r. W. Bell Mig. company, for
infringing by imitation on their : Gold
Dust" washing powder package, not
only assures The N. K. Fairbank com
pany of protection, but also the house
keepers of the land. Hereafter they
will not be annoyed with the spurious
article sailing under the colors of
:. Gold Dustn washing powder.
Judge Lacombe in handing down his
decision sounded warning to imi-
tators in tersely stated facts which have
equal interest for the housekeepers,
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 a similarity
calculated to deceive any buyer OF or
binary prudence; that 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 gen
orally known, become associated III the
public mind with the general appear
ance of the package which contains
them, it is quite conceivable that dis
honest retail dealer who kept COM
plainant's and defendants packages
mingled together on the same shelves,
might easily palm off the one for the
other upon an sunsuspecting purchaser.
g Business men of ordinary acuteness
who wish to establish a distinctive rep
utation for their goods with the general
public, certainly do not begin by as
Stimulating the elements of their design
to those of some one competing manu-
facturer. 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 a distinctive
dress, but in one resembling their COM
petitor's And when it appears that
such competitor has expended upwards
of $1,000 in advertising his packages.
that reason is not hard to find.
" We have then the case Of a nanus
facturer who is careful always to sell it's
goods as it's 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 INSCRIPTIONS deal
ers who purchase from the manufac-
turer in order to sell at retail to con-
sumers are enabled to deiude large
number of such retail purchasers by
palming off upon them the goods OF the
manufacturer as those Of its competi-
tor That this is unfair competition
seems apparent, both on reason and
authority"
Since Gold Dust" washing powder
has held it's own in every market as the
best cleansing compound made for all
purposes, there has been the necessity
for The n. K Fairbank company to
protect themselves and their patrons
from numerous fraudulent limitations,
and though imitation is the tribute
paid to success, in this case the house
keepers would be the sufferers if the
tribute were not disdained The Fair
bank " Darky Twins on the Gold
Dust" package are as familiar to the
average housewife as the face of the
family clock.