Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-07
By OSCAR M. WOLFF

house showed that its product had become gener-
ally known and called for Carers and that the blue
package of R. H. Carter merely attempt to get
around the order of the court and to comply with
the injunction, while still passing off his goods those
of the original Carter company.
The court held that the changed label was not an
honest attempt to end the imitation and R H. Carter
ordered to print all his labels and advertising
matter in type prominent as his name ar H. Carter
IS distinct from and has connection with the old
mandatory of Robert Carter & CO..
K. ii. Carter of Virginia complied strictly with
the orders of the court and built up profitable business
of his own always marking his goods he had been
directed to do by the court
THE salesman who had first persuaded the Virginia
Carter to go into the business had in the meantime
become associated with New York man named Richard
H. Carter. Richard H. Carter of New York now went
into the business and put out package that close
imitation of the packages of R. H. Carter of Virginia
which marked Robert H. Carter is distinct from
the old mandatory of Robert Carter & Co., Ltd"
R. H. Carter of Virginia had learned his lesson bv
this time and being convinced of the evils of infringe
ment brought suit against the New York Carter to en-
join him from initiating the label that the court had di
rected the man to use The Virginian now highly
successful, and Richard H. Carter of New York was en-
joined from using simply the initials @R. H." and from
using the phrase distinguishing his goods from those of
Robert Carter & Co.; but he permitted to use the
name Richard H. Carter, New York"
Thereupon Richard H. Carter of New York saw the
light, and before putting label upon the market
consulted with the original firm of Robert Carter Co..
Ltd, and devised label and package that were in no
imitation of any of the Robert Carter pack
ages.
A RETAIL grocer in Chicago had for many years been
buying from Robert Carter & Co., Ltd About
$685. however, he began purchase goods of the Vr-
GINA Carter and to advertise them extensively The
goods of each of these factories sold for the same price
at reta but the Chicago grocer was able to purchase
the Virginia product for less than the Massachusetts
article. The Chicago passed off the Virginia
Carriers goods as those of Robert Carter & Co., Ltd
but when customers asked for the Carter article the
statesmen in the Chicago store accustomed to saw
do you want?" Naturally the customer usually said
Give me the best, "Give the one that YOU rec
ommend," and in these cases the salesman always
handed out the R. H. Carter package Robert Carter
& Co., Ltd, brought suit against the Chicago grocer
claiming that this proceeding of his was in effect passing
off goods of the Virginia manufacturer as his goods
The court agreed with Robert Carter & Co.. and de-
cded that the evidence showed that its goods were so
well known to become fixed the public mind SIM
ply the Carter product, and when customers asked
for the Carter product the goods wanted those of
Robert Carter & Co., Ltd, of Massachusetts, The Chi
cago grocer therefore
enjoined from advertising
or selling the product of
-s any company except Rob-
81 - ert Carter & Co., Ltd as