The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-12
UNITED STATES COURT
Receiver Wilson's Suit Against
the Colorado Company.
TO RECOVER SOME ORE
Henry Traiser and Company Brings
Suit Against Hermann Wolf for
Initiating the Harvard Cigar
and Box.

Eugene T. Wilson, receiver OF the
First National bank of Helena, brought
suit in the United States court yester-
day against the Colorado Smelling n
Mining company of his city. The
plaintiff claims that il is the owner OF
ls. 100 pounds of ore now in the posses
sion of the defendant, which was re-
Gently shipped from Cinnabar. Park
county. in Northern Pacific car NO.
545l, on Aug. 5, 1898. by Patrick Dough-
erty. n. C. Anderson, Felix Mccarthy,
John C. Dewitt and L. p. Foresteil to
w. A. Hall, Colorado smelter. That the
defendant on Aug. 3, without the plant
IFS consent, wrongfully took posses
sion of the ore and refuses to give up
the ore or its value. The plaintin sues
for the recovery of the ore or the sum
az "a. 900 and for $500 damages for the
unlawful detention of the property ana
costs of suit.
Another suit brought in the United
States circuit court yesterday was that
of Henry Traiser & &C VS.. Herman
Wolf. The plaintiffs do business In
Boston, Mass, while the defendant Is q
citizen of Butte. The plaintiffs allege
that on March 4, 1890, they were the
designers and procured from the gov,
ernment patent office a copyright n
trade mark known as No. l1,62s, sald
trade mark being "Traiser's Harvard
Cigar That ever since said March :,
1890. they have manufacturer the
"Traiser's Harvard cigar" and have
placed them In boxes of uniform size
containing 50 and 100 each, and that in
the arrangement of the label on salu
boxes the letters in "Traiser's Harvard
cigar" appear in plain black capitals
printed in black, shaded in gilt win
curved lines: that on the label on the IN
side of the cover, the words "Traisers
Harvard cigar are printed IN white
background and the label on the out
side end of the box is printed on REQ
dish-colored paper, on the -four insldef
of the boxes; the word Harvard ap-
pears in capitals in white letters win q
red background; that in the manuiac-
ture of the cigar the word Harvard
appeared in letters indented In the SIDE
That several thousand dollars was eN'
pended in advertising the cigars, ps
which a large trade was established II
Butte. The defendants are cigar manu-
lecturers of Butte and ii IL alleged ina
knowing of the demand for the sal'
Harvard cigar, they MANUFACTURED
cigar similar in appearance 10 mat o
the plaintiff and for the purpose OF max
ing the deception complete, MADE san
cigar with the word Herman appear
ing in the same place as the word "Har
ward" appeared on your orators cigar
so that an ordinary purchaser would no
detect the difference between said cigar
except upon a close inspection or exam
nation. That the cigars of the defend
ant were placed in boxes of the exac
STYLE. and the same kin of wood an
!, similarly labeled; that the label on III
inside corner is THE Herman cigar
arranged in the same n as IN
j words ''rraiser's Harvard cigar
shaded and printed i'm nearly the sam
tint. It is further alleged that ar.
the sale of this cigar to retail dealer
1 by the defendant several OF the deaiei
4 have. when the Harvard was Gale
4 for. handed out the Herman II
4 ALLEGED that in the manufacture OF III
1 Harvard nothing but the best Havan
4 filters Is used, while the Herman col
tains inferior tobacco.
n The ~plaintiffs ask for a restraining o
der gains the Herman cigar. A:
Campbell is attorney for the plaln'in'