The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-23
.LARUS COMPANY
WINS OUT AGAIN.
United States Circuit court Of
Appeals Affirins
Decision.
RIGHT TO USE CERTAIN i, TAGS
RIGHT TO USE CERTAIN TAGS
Court Holds the Local Concern
Did Not Infringe Upon
Rights Of Others.

The United States Circuit Court Of APP
pcals has affirmed the decision OF the
lower court In the case OF the Continental
Tobacco Company VS.. the Larus and Bro
Their Company, where the former sought
to prohibit the latter from using certain
tobacco tags on the ground that each
use was til infringement upon the rights
Of the New Jersey Corporation
Following Is an xtract from the decision
OF the upper court:
1t is shown, however, BY the proofs
that tags uf ali colors, yellow Included,
are used OH plug tobacco by manufactu-
rers and that their sizes vary. There was
produced as an exhibit by the defendant
"a plug of smoking tobacco OF the same
size and similar in appearance to that of
both the complainant and defendant,
manufactured and put OH tho market by
the r. a. Patterson T obacco Company
on which is affixed a yellow tag OF Just
tho same size us both that Of the COM
plulnant and defendant. with the words
Honest Labor In black letters around
the inference. and q picture OF &, a
wOrkman's urn III red in tie cen ter. The
proof is that this label has been in use
Z for about ten years. 1t may possibly. be
charged by the complainant that this,
: too. was a. deceitfult imitation Of the com.
splainant's Tag, butt f5sucn charge could
NO justly made, it Is stransc that during
ten years it never has been made. The
s s2Tt1S's sneea 81 Ge9sn sa
iar back as 1851, viz. 'F'air Play'8a ana
= LUXURY w h. 4
and vslsss aaps 81 sm aHs
colors. the witnesses say, have becn5t1n
common use on plug tobacco for at least
twenty years, and this is matter OF COM ON.
mon kno wledge.
No Ground for Contention.
In,
connection with tho weight of evidence,
We think It clearly appears that the mai.
ters IL which the efendanus piuE q
that R is to say. the"sIze and shape Of the
1 plug. the indentcd marking to, assist II
cutting on the smaller piece the use OF
tic use of a yellow tag lettered with the
1Eame~of the brand-are IN common use,
and In the present case the manufactu-
a ,bere rg an to Us
s sn unfair m,sdt,on feiy deceivs
Ast9 asna noG nS
@lished IS that the Plugs look alike; and
if thc}illiterate nd9,nattentye purchaser ser
was guided BY color aId yize o. l ,s
for the other, but that Is quite true OF
almost all forms Of man,ifacturod 70
baeco The answsr e. .ae the nRe
n,ond Best Navy brand. swenrs tha.
i there was never any purposc or Intention
to @imitate tho compartments Master
Workman brand, or to attempt IN any
i VA to appropriate the trade Of the COM
#r,ninant nv creating any confusion as 70
St:,eir respective brands. y,
such os1those who mostly use this Find,
az sucking trbacco. look only, at ne;
color and sizen the tng thut 'h's ~ nn .,
IN, s,,rnofs that the color and size OF the
vc,lo-v circular. tags tstnot ot.itssf a d,s,
.,,ctior which either manufacturer eah
W. Va think the circait Court rightly &c,
creea ti,.t tho cor,n'n' aant Is not .entitieu
10 relief, and the decree is a'trlHcd,sii