New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-08

ink or blue Nevertheless, fIltu may 'N
very unfortunate m the way Inc combines
these things. H.,
\ concern had manufactured wooden,
ware for more than twenty-five years an!
had marked its product with an cIhpti'al
label of blue paper about two inches I1liE'
The name of the firm was printed m piack
ink \ new concern entered the hcld, ana
Us. uniting out some novelties and bN care
ful advertising campaign achieved C0naiucI
able success and took away from the oideI
concern much of d., business ! he new con-
panv used label about tour and a nan
inches SQUARE. printed I'm dark blue on Hgnl
hluc paper. Aftcr three years OF compcu-
ton. during which the new firm was con
tinualv gaining on the older concern inc
latter changed is label and substituted
square label OF about the same SIZE a lhaJ
uted bv the new firm. and likewise printed
with dark blue ink on light blue paper. ne
Older concern was cnioincd from using this
label II was evident that the only reason
for adopting it was TO obtain the benefit OF
the reputation established by the new com
panv. rr.
In order TO prevent dealers from rcilllng
boxes OF their tobaccos, one company orgi-
mated lin 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 TN tags
which were distinguishablc from the original
taos only upon the closest examination. As
q result OF a suit the offending dealer was
cnioincd from using tin tags that were imlta-
lions. 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 tou~c tin tag>: but no dealer had the
RIGHT 10 Use tin tags that were such close
limitations of another that the ordinary pur-
chaser would be deceived.
WHEN a manufacturer names his goods,
w ne NAV select a name that IS either
purely fanciful or arbitrary, or he may take
one that IS descriptive OF his ODDS or OF some
Of their qualities. Generally these are
purely arbitrary names, which have no con-
ncction or association whatever with the
Uses or characteristics Of the goods. 1t IS
comparatiyely an easy matter 10 determine
whether these names are being initiated ana
the owners rights are being intnngcd.
An old-cstablished house wanted TO put
out. in 1886. new brand, and II adopted
the name of one of its fOrcmen. The brand
was highly successful, and a California man
ufacturcr 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 1t was used was as
arbitrary a symbol as is the picturco man
in Alpine dress standing on a 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 1880 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 1861 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 a firm of London stationers began to
sell an ink with a label very similar TO Dr.
Stephens label, calling its ink "Stcelpen 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
.i,....fI fo committed av.lfef,-slt