Evening star., 1914-02-08
SUNDAY MAGAZINE FOR FEBRUARY 8. 1914
YOUR NEIGHBOR'S ADVERTISING

another to a square or a round label, to red
ink or blue. Nevertheless, a man may be
very unfortunate in the way he combines
these things.
A concern had manufactured wooden
ware for more than twenty-five years. and
had marked its product with an ellptical
label of blue paper about two inches long.
The name of the firm was printed in black
ink A new concern entered the field, and
by putting out some novelties and by care
full advertising campaign achieved consider
able success and took away from the older
concern much of its business. The new com
pany used a label atout four and half
inches square, printed in dark blue on light
| blue paper. After three years OF oompeti-
ton, during which the new firm was con-
| tinuallv gaining on the older concern. the
| latter changed its label and substituted
square label OF about the same size as tina.
| used By the new firm, and likewise printed
with dark blue ink on light blue paper. The
older concern was enjoined from using this
label. 1t was evident that the only reason
for adopting it was to obtain the benefit of
the reputation established by the new COM
pany.
In order to prevent dealers from reflling
boxes of their tobaccos, one company orlgi
mated tin tags. This was thirty years ago,
and the new idea proved very popular.
Other tobacco manufacturers adopted the
scheme, one going so far as to use tin tags
which were distinguishable from the original
tags only upon the closest examination. AS
result of a suit the offending dealer was
en-; oined from using tin tags that were i1nita-
tons: but the court said that the originator
OF the idea had no exclusive right to mark
tobacco with tin tags. ANY dealer had the
right to use tin tags; but no dealer had the
right to use tin tags that were such close
limitations of another that the ordinary pur-
chaser would be deceived.
WHEN manufacturer names his goods,
" he may select name that is either
purely fanciful or arbitrary, or he may take
one that is descriptive of his goods or of some
OF their qualities. Generally these are
purely arbitrary names, which have no CON
nection or association whatever with the
uses or characteristics of the goods. 1t is
comparatively an easy matter to determine
whether these names are being initiated and
the owners rights are being infringed.
An old-established house wanted to put
out, in 1886 new brand, and it adopted
the name of one of its foremen. The brand
was highly successful, and California man
ufacturer put out similar brand, dressing
his package in close imitation of the other,
and transposing two words. When he was
sued in California he protested vigorously
that the name was simply a geographical
one, was open to anybody, and that he had
not used it with the intention of initiating
the other brand. But the name or term in
the connection in which it was used was as
arbitrary symbol as is the picture of man
in Alpine dress standing on mountain
peak. The use of the word by the California
man seemed likely to cause confusion and
he was compelled to discontinue the brand.
In 1888 DR.. Henry Stephens, London
physician, invented a writing ink which was
deep blue when first used and rapidly
changed into jet black. He put the ink on
the market, and the ink business proved
more profitable than his medical practice
Until he died in 1864 he devoted himself to
the manufacture and sale of the ink. His
ink was always labeled "Stephens' Blue
Black Writing Fluid" Shortly after his
death firm of London stationers began to
sell an ink with a label very similar to Dr.
Stephens label calling its ink "Steelpen's
Blue Black The court said the imitation
was SO palpable as to need no argument.
But when we come to names that describe
the article or indicate its uses or qualities,
there is considerable more difficulty. No
one person should be permitted exclusively
to appropriate descriptive name. Every
boc tho r;oh+ 70 ,,o,,,a bic