The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1897-02-12
fiction ass I'D.
A Decision Of the United States Circuit
Court Of Vital Interest to House Keepers

Court Of Vital Interest to House Keepers
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. X. Fairbank Company
VS.. the II. w. Bell Mfg. Company, for
infringing by imitation on their
"Gold Dust" washing powder package,
not only assures the n. X. Fairbauk
Company of protection, but also the
housekeepers of the land Hereafter
they will not be annoyed with the
spurious article sailing under the col
ors of "Gold Dust" Washing powder.
Judge Iacombe in handing down
his decision sounded "A warming to
imitators in tefsely stated facts which
have equal interest for the housekeep-
ers, manufacturers aud business men
generally. He said:
1.-The judge who heard the case in
the circuit court was strong in the
conviction that there was not a SINH
larity calculated to deceive any buyer
of ordinary prudence; that there was
no danger of imposition by any SINH
larity between the packages. We are
unable to reach the same conclusion.
When it is borne in mind that arti-
cles of this kind, when once they are
generally known, become associated
in the public mind with the general
appearance of the package which con-
tains them. it is quite conceivable that
dishonest retail dealer who kept
compliments and defendants pack
ages mingled together on the same
shelves, might easily palm oil the one
for the other upon an unsuspecting
purchaser.
Business men of ordinary acute
ness who wish to establish "a distinc-
tive reputation for their goods with
the general puhhc, certainly do not
begin by assimilating the elements If
their design to those Of s0lne one cont
peting manufacturer. when they are
found dong this it must be assumed
that for some reason or other they
prefer to have their goods arrayed nat
in distinctive dress but in ore re-
their competitors. And
when it appears that such comp etitor
has expended upwards of $500, 900 in
advertising his packages, that reason
is not hard to find.
1--WE have then the case Of . manu-
facturer who is careful always 10 sell
his goods as its own, bur WHO puts
them up in style Of package 50 SINH
lar to that used by one Of its competi-
tors, earlier in the market, that un-
scrupulous dealers who purchase from
the manufacturer in order to sell at
retail to consumers are enabled to de
lude large number of such retail
purchasers by palming oft upon them
the goods Of the manufacturer -
those of its competitor. That this is
unfair competition seems apparent,
both on reason and authority
Since "Gold Dust washing powder
has held its own in every market as
the best cleansing compound made for
all purposes, there has been the ncces-
sity for the \ X. Fairbauk Company
to protect themselves and their pa
irons from numerous fraudulent imita-
tons, and though imitation is She trib-
ute paid to success, in this case the
hOusekeepers would be the sufferers If
the tribute were not disdained. The
Fairbank "Darky Twins" on The Gold
Dust'' package are as familiar to the
average housewife as the face Of the
family clock.
The Bradley-Martin ball, which
took place in New York last Wedues-
day evening was the most "swelI'
event this country has ever witnessed
Seven hundred persons appeared in
costumes that are estimated to have
cost $500, 900.