Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-03-01

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tate the markings Of the original company,
or to pass of his machines as the product
oi the original company.
AFTER the original copyright on certain
dictionaries had expired it was held
that anyone had the right to reprint the
work under the familiar name. But in this
case it appeared that one concern had
printed the dictionaries under various copy
rights for more than forty years. The term
had thus acquired a secondary meaning. 1t
meant not only the work covered by the
original copyright, but also the output of a
particular house.
Therefore. although it was held that an
other publisher had the right to print these
dictionaries, nevertheless he was required to
mark his books plainly, SO that they would
not be confused with the dictionaries sold by
the original publishers.
INTERESTING cases are those in which
the plaintiff is barred from his remedy
against the infringcr because of misrcprcsen-
tations or deceit that have been practiscd by
the plaintiff himself. AS has been some
times said, "1he courts do not weigh equity
between rogueS.
a number of patent medicine cases illus
tratc this principle. Patent medicine man.
feet wonderful cures or contain certain in
gradients. When these statements are
shown to be false the original patent medi-
cine proprietors are without remedy against
an infringer. Such case grew out of an adj
vertiscment of gold cure. The formula for
the remedy was kept secret; but it was
claimed in the advertising that biChlorid of
gold was the essential element in the medi-
cine. As matter of fact, gold was used in
only one case The term "bichlorid of gold
proved exceedingly valuable for advertising
purposes, however, and was always promi-
ncntly displayed in the advertising. Sub
sidiary corporations were organized all over
the country, and were compelled to purchase
their medicines from the parent organiza-
ton and to give treatments in accordance
with is directions.
\ branch organized in one of the Southern
States became involved in controversy with
the parent company in Illinois. The latter
claimed that the Southern institute was not
giving treatments in strict accordance with
the originator's directions, and attempted to
prevent it from advertising that it handled
his medicines or gave his cures.
Not out of any consideration for the de-
PENDANT, but because the complainant itself
was guilty Of material Misrepresentation, the
courts refused any aid. The original com
pdllN dCNt1llSt'tl us 1clllcuy as SOlu cure.
The Southern institute advertised that it was
selling the blank cure. There was no gold in
either remedy But to have cnjoincd the
subsidiary corporation would in effect have
been to grant to the parent company the
exclusive right to make misrepresentation
to the public.
A MAN and his wife for several years tray
- eled through the country giving al
legged mind readings and second sight per
formances. They called themselves the
Fays, and, without making any direct claims,
induced the inference that their ability to
answer questions asked by members of their
audiences was due to supernatural power.
The husband walked through the body of
the house, and persons in the audience
would ask him questions. He in turn asked
the questions of his wife on the stage, at the
same time telling her the answers by means
of code Of signals Two employees of the
Fays went on the road on their own account
and gave performances which they adver-
tised as being an expose of the Fay per-
formances. The advertisements, however,
were cunningly worded and printed so that
the name Fay was by far the most con-
spicuous in the advertisement and on the
billboards, and the casual reader received
the impression that the performances were