The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1920-06-22
SUES TO PROTECT
"HOFSTRA" NAME
Insect Powder Firm Will
Fight Use of Trade
Mark in Court.
CONSPIRACY CHARGED
Alleged Defrauding of Public
to Cash In on Local
Products Popularity.

Charging a conspiracy 10 defraud
the public into buying unknown
products under tho impression that
they are products OF the plaintiffs
and 10 cash in aa It's good will
and established business acquired
through five years OF intensive sales
manship and merchandising and the
expenditure OF more than 100000
in advertising. the Hofstra Manufac-
turing company filed an Injunction
suit In tho district court late yester-
day afternoon against the newly or
ganized Edward e. Hofstra COM
!. pany and j. w. Sanders and Edward
{. Hofstra its president and secre-
tnry, asking that they be enjoincd
from using the word "Hofstra."
In the suit II is charged that Ed
ward G. Hofstra, J. w. Sanders and
others conspired to defraud and mis-
lead tho public and TO take an un-
fair advantage Of the plaintiff ny
pre-empting the rights Of the plain
tiff by wrongfully manufacturing
and selling products coming within
the scope of their business and in
violation Of n contract existing be-
tween tho Hofstra Manufacturing
company and the defendant, Edward
g. Hofstra.
The petition states that IN the
conduct of their business and eN-
plotting their products they have
given prominence to the word "Hof-
stra" for the purpose OF establish
ing the word as n trade name; tnat
prior to the beginning OF their bus
iness the name of the defendant Ed
- Ian N
trade. either locally or abroad; that
az a result of the plaintiffs adver-
tising and merchandising efforts the
word "Hofstra' has been taken out
of the category of proper and pri-
vate names and has become a trade
name SYNONYMOUS with and descrip-
the Of the plaintiffs products, and
that wherever such word Is used II Is
thought OF In connection with the
business Of the plaintiff: that Mr..
Hofstra told w. c. SteEer OF the
Steger Investment company that the
Hofstra Manufacturing company had
spent about $1,000 advertising his
name and he may "a well "cash In
on It; chat he further told II. l..
Tallman. a local oil man, that his
sole object in organizing the new
company was to break" G.. ".
Wright who was then president of
the Hofstra Manufacturing company.
II Is further alleged that Saunders
had full knowledge of the contrac,
existing between Hofstra and the
Hofstra Manufacturing company;
that by reason OF his connection with
the Ratcliff-S Sanders Grocery com
pany. a wholesale house. he knew OF
the success OF the plaintiff company
and tho popularity and good will OF
its products and conspired with Mr.
Hofstra as above mentioned.
The petition further charges that
the defendants. through their sales
men and representatives are taking
orders for the plaintiffs prdaucts
without authority or consents and
that use OF the word 'Hofstra" in
their advertising and business is cal
culated TO deceive not only ordi-
nary observers but the trade as well
into dealing with the defendant COM
pany under the impression that their
transactions are with the original
Hofstra Manufacturing company, to
the extent that 1t works n lasting in
jury and inconvenience 70 the plain
TIFF by causing confusion in the post
office. express office telegraph Of
fices and railroad offices TO the ex-
tent that mail. express, freight and
kilograms intended for the plaintiff
are diverted TO the defendants.
The petition is signed by J. Burr
Gibbons president and general man.
agerl OF the Hofstra Manufacturing
company. w. A. Brownlee. cashier
OF the Exchange National bank Is
secretary-treasurer OF the plaintiff
company. The Hofstra Manufacture
ing company is one Of the most spec
tacular merchandising successes in
the southwest Its products are sold
by thousands OF retail stores
throughout the United States and I:
used by many Industrial and public
institutions in this country and ir
foreign countries, according to the
4 petition.
PERM