_ ' ' approve. Should your doctor
Mashhwelland good. limmethlngehe;
<- lie knotvs test. Trust him. a you
SEALSIIIPT TRIBE MARK
A VALID ME
(Continued trout First .Pslol
jury decided that the company had no
case against Drake b: Erickson.
The full test of Judu Parkius' ~rul~
in: on the question oi the trade mark.
follows:
State of Michigan. in the Circuit Court
tor the County of Kent, Muroh
term. 1911. Before lion. Willis
B. Perkins. circuit Judge. and a
jury. Sealshipt Oyster Systems
Joreign corporation, vs. William H.
Drake and Richard W. Erickson.
copartners. Grand Rapids. Mich.
Wednesday. p. m.. March 29. 1911
The Court (Perkins. 1.): The mo-
tion to take this case from the Jury is
based upon two grounds.
First. that there is no testimony to
go to the jury on the subject of the
defendant's liability for lniriulsment
of trade mark. or on the "subject of
damages. '
secondly, that the trade mark in
controvorsy in this case is not a valid
trade mark.
. l ‘ ‘
-~W “"8 w" .0 W W“ "W m'. ““L?...i§’§i“i2§. 323311521 :22:
eliheknoon dresses is an extreme I 3 gr '
i think there is some testi-
Y i reason that
1’ m article and very chic and many in the case particularly the toe-
, tlmony of Mr (‘rittendem to the silent
.. It you can get 3 mm“. of lace m. that the defendants were selling from
Walden! that just his the collar of this Ioceptat'le. “9°“ “MG“ “’93 “1“
your coat. leaving a border of an inch "“9 merit i" "‘9 tllainlifi “Nah
or two, you 8... the We... of “a being 'oysters not tarnished by the plaintiff
made especially for that (out. hence company
not a ready made article at all. Some 5"- 1""th Th“ '“ h "0‘3““
of the new lriuh plates lit the rollers "e" if the apart please.
hitticuiarly well, from their being 5" “”1”“ Thedeclaratlon “a"
use almost like it build with the ends‘ 0‘ u “ “m “d W ”‘5 ”lathe 9‘
my to somewhat hlunt points. ““89 specifically.
The Court: on the second Dropout
'- little Satin tie runs down one side tion. of 601"". the subject is a very
at is pointed chemisette opening important one. and l bullets. in the
one new summer [rock is knotted' briot time that has been given me to
the point oi? the v and terminates examine the matter to state finally a
.' led ends. ooholuaion. although the business oi
the court denimidu the! s conclusion
l edges embroidered in a button he reached at once. it is not the first
see top makes a plain but very time that important questions hure'1
ouisi .gtx finish for tuhdreesea. the been determined in a short space of
unholin extending nround the time. Necessarily the business of the
lettes’ tells of a pretty lace its.
t consists of three inches oi.
, ‘mousseline do sole no a band.
below that is a wider band of line
hit In Milan lace, tail on a strip
double moussoline tie solo. The lla-
,, "crosses att he trout and falls at
ql or side in two long ends. This la’
gall Louis XVl revival.
‘ . (signed) Drake situates." «
at till per cent. or above «it
it also term that for a flMW'
inst how‘lon: I do not knowwths do-
iendunts bought craters from the pill.
tilt company or its stunts. and sold
them from this so-oaiiad sealshlpt dis-
play ,esrrter or Bealshiptiomt. that
later they refused to buy oysters oi"‘
the plaintiff company. burials thorn
elsewhere. 1 think it lsirly appears.
at least it is s question at islet to ha
submitted to the inrywatid on this
motion it must he assumed that there
is testimony to so to the Jury upon-2
this point-wilt“ the defendants used
the Sesishiptlcsse in making their
sales oi! oysters renalved irom other.
sources than the plaintii! company. The
Soulshlpticass, as I have already stab
ed. hits upon its front, prominently
painted or stenrlled the trade name
and mark of the plaintiii company. as l
have indicated i
it is insisted on initial! til the do
fendenta: ii) that the word ”Seal
shipt" is not a valid trade mark, that
it is merely descriptive of the method[
of preparing oysters for market: (2);
that the trade mark applies only to:
the receptacle, and even though it‘
should appear that the defendants used i
the receptacle tor other oysters than;
those sold by the platotld‘ company cal
claimed. still no infringement resultedl
from such sale
i an: inclined to think that standinsi
alone. the word “damnipt.” at the‘
present time at least would bedescrip
tive of the method 0! preparing haters;
for the retail market ilut the diiii *
culty with the defendants argument isi
that this word does not stand atom-J.
but is minted with other internist
which, taken whether. constitute. inf
my judgment. n suiholontly arbitraryg
and isneiful designation of a trade‘
mime to iuatity its appropriation as
trndo mark.
in the second place under the tin
disputed evidence. as i understand it:
at the time this trade mark was adopt
oil and registered. it was a new thing;
in the oyster trade to seal oysters in
separate receptacles. as was done M”
the first time by the plaintiil'a prede-
cessor; a new method was thereby es-
iuhlished; since which time. houses.
become generally recognised, it is the
common method of shipping oysters in
bulk from the coast to inland market.
in fact no i understand the testimony
it has becomeso well recognised as
the efficiency of the method hanns'
‘ ‘ ‘ . siltt‘ite so initiate-
most that the dstaudanis shoisld solar
into the business 0! msklna shirtless“
with the plethora trade mark thereon.
as counsel seem to argue; bdt‘thay
may ”0 Willi! oil- lutrinulmit by pain;
the plaintilf's trade mark in an unsu-
thorissd manner.” namely. by selling”
oysters tlisroiroin not produced or tur-
ulshed by the pisintitf company,
i think the case reierrod to (The
Eureka Elpeclalty Company case) is
anslaaous‘ to the case at bar. and i
fall to see any itineraries in principle
between a patent cue mid a trade
mark case- li patent creates a monop-
oly; a valid trade mark creates a mo
otthst’liilisrorsm retro “Md. no. 3 '
the axiom of the pipinlfl company
have s oertsin guaranty back of it. ‘
and the use of this trade mark or:
trade name in the manner indicated
is the outward method or the plaintiff
company intuitions known to the trude
the character sud quality of the eye-
tersisold iron: that receptuole. back of
which is their guaranty.
When it comes down to the uuestion
oi the measure of damages. i presume
the matter will he further discussed.
The one pint oi' oysters sold would
not indicate very large damages. lint
it is not the damages 1 uppiehpnd that 2. l
are in controversy: rather it is the
principle which rests upon the piopuoi
nopoiy. The prinelpie is the samedmtion of law that if this trade mark ori
both cases. it this shliiiicase was sold
under certain restrictions. to he used
(or a specified our e. and only for
that purpose. any other use would be
unauthorised {is stated in the linreka
case the plaintii! mikht have shed and '
recovered damages tor a breach of con
tract, but the remedy tor inlrtnument
is equally available.
Something has linen sold about the
oysters supplied by the nialntid com
pany and oysters supplied by others’
are not distinmrishahlrmne oyster is
the same as another oyster That is
not the point. This trade work or
trade name of the pialntln company
being a lawful one as i hold. cannot
hemsde use of in the sale oi similar
products. iron other sources not hav
in; the gusrsnty and responsibility ot
the plaintil! back or it as to the use!
ity of the product That is the all!!!
total of the whole contention. Not
NOTICE
Notice is hsrohy given to ovary per
son whose land is attained by the or
tahlishmeni and designation oi a build
gins line on both sides of Reed street
ll this city. that the committee ap-
pointed by the Council of this city to
.gnu
~estahlish and designate building liner.
aforesaid. in their report accepted and
adopted by the (‘ounoil on the lat day
of May. liili. estimates and appraiser
the benefit: and damages resulting or:
accruing to any person or persons
from the dosixuation‘ and establish
trout oi the said building lines, and
llnds the honedts and damages in or
cry case to be equal; that is. the
benefits in every case equal the dam
ages in the some case. The toiletr-
lnn is a list of persons whine property
is ail'eoted hy the establishment oi
salri building lines with the amount
of the benedts and damages set cope
sits their respective harass:
!
i
i
l
, same place.
name is valid retailers of uystersi
have no right to use the receptaclesl
of the plaintiff pertinent to sell other '5
oysters that those produced and sold.
by themselves. i
l
_—~.w.u.+mmm~.~_
SHORT CALENDAR. i
Three Uncontaated Cases soi'ieduledg
for Friday.
The short calendar for Friilnt in the?
superior murt is more lengthy tthan' i
computable. There are three notion ;
tested divorce cases in it. as follows: ’2
Anita Amelia Monoll Weino, of
Greenwich, agnlnat Joseph Whine, m"
Shellield. Eng“ desertiou oilseed shei
else asks that one Walne pant be drool
pod from the root of her name .
Ellie ficheonovrr. of liridreport, for»
merlr or South Norwsik against Ell-.1
word Schooooyer also 0! Bridmmri.
cruelty alloyed.
Matilda iii. Nollie Berries of Ridge”
ilsld. apinst John Hill Bowles oi that
lineniperance and ortiei
ty ks allexisi.
deieodsut man-led her under thel
name of llowlcs when he ridrt name
was Weill!
An
Unexpected
Guest
Sirikt‘s terror 10
hostees‘s heart“ when slit-
realist-3' ‘thorc inn t n thing
in the house to rat.
leirplmnc 3733 and fur—2
ilil"
See our
Window Display
‘3 6.50
it 7.50
S 8.50
$10.00
$15.00
Because the price is low, don't think the quality is. They
are great values. Other Suits at $18, $20. 822 and $25.
HEADWBAR. FOOTWEAR~ln tact all the man wints
to wear from his feet up.
ANOTHER WINDOW bier-Lav showsma fine. line of so:
NEGLIOEE UHIRTS,25¢ NECKWEAR and 2 tor 25¢
SOCKS.
Price’s Clothing Store
98 Washington Street
Phone No. is new 1185-2)
W.
it is also alleged limit '
Cust of Living
is in problem that has vexed many inm-
iliee in moderate circumstances. but
our tustomera hove not ielt the pinch
of rising prices so for us. meals are
concerned. Our extensive trade and
marketing facilities enable us to sell
the host grades oi meet on a modest
. prom. basis. Just compare our prices
and qualities with others!
Chamok’s Market
7. NORTH MAIN 81'.
TEL. CALL 44-5. FREE. DELIVERY
MEMORIALS
waist line down the trout ol‘ the‘ court requires the trial Judge to p... i the most unitary method that the M“. 9",, get your troubles!
and .101; thee dire or the up upon some at the most important ones “Winnie“ “lid" it! pure 100‘ MI "'3 IN Hero's an idea for n duiii- 5 7‘6‘0‘
‘ ~ ' , - UCdiN'T WM? until the last minute to make a selection of a Monument,
lhtwluuh hem, while the col tione that can he considered by a court “will“ oysters ""9909 “l 9““ "9'“ m " $213M,“ """" 00.00 00': ty junehwn' § hair has. it erected properly by Decoration Day An order should be placed
7 _ Wm ..... ' ‘ i .
' mm may have ‘ dainty eye in a very hm“ space ot’tlme "“1 with zingu‘rlzlfilw: “if?“ to M a; Catherine llresnan -- 0000 .00 \ can (if \ an (aim) e on tour which will enable careiul workmm to oompleta every detail in a apt.
.1; out very much. if an). investlsuiion no on res. several William H McMahon , ”on” 00.00, ; ataotory manner. Our work is caretully finished after your order lsre
""'" - 0' the dilutions involved. from the ice. substantially followinsg Eugene M 'I‘ollas , ..... 00.00 00.001 Campbell a Slurp inc: “3 wind There Is beauty durability. economy and satisfaction in every Mon-
.' elaborate new White boots lint. slieaklnx broadly. i think we the plaintiff‘s method 0‘ shipment ”Alloy Wheeler .0000 0000 (““39” 0‘ Rtissmn Hill“?- "' '
1mm of lace on the instep. Dated It South .Ntirusik Conn. this i ”N!“ Ml“ 5’
2. can reach it conclusion in this rise M ”‘9 time "'9' "“99 "'9“ in W“ 2
which, on the face of the proceedings.
some articles oi common wear will ”W“ to he instilled in dolnx
aohlne made huttonliole is quite ,thil it becomes um...” to take into
enough 0‘" "'9 butonhoie 9°" consideration something oi the history
straight and true and overcast ‘ of a“ plaintiit gammy, the business
run “0““ the "99mm; "m" it has been carrying on. and the moth
times with the sewing ma- art now in ”we.
it appears that the plsiutll company
land its predecessors have been enm-
ed for some years in the shipment of
oysters in bulk from the coast to in-
land towns and cities. using for that
purpose a specially deviled apparatus.
eonsiaung, is substance or an inner
retainer. in which the oysters are plat»
ed. surrounded by an outer retainer in
which ice is placed to keep the oysters
cool while in transit. avoiding therapy
the older and unsanitary method of
niacin] the tee in contact with the oys-
ters. whereby they are likely to be-
come contaminated and otherwise de-
-————
rtuckinx or hand embrole
lumped edge to snatch. one
, really elaborate lingerie
fist horns so little coat. The
. 01' needs always to exercise
'her blouse is not too fussy in
.mthil idfl
‘ “I". open all the way
. front. are exoeadlnxly coni-
"bvnsr. and this style 0! clear
thsin decidedly easy to iron.
wall as entire frocks. will
‘ this oomiux summer. and terlnrstad
N10 ll not MW- “ h” '0 It seems that the plaintil's predeces-
to reconnand it that it is so: was the first to use this newer
in populsr. ’ method of shlpplnx oysters. and at the
W ‘ time this method was adopted in 1006
WWW °' the household noosslhly prior to that date-us trade
W T “n" “'9‘“ “ some ”I selected soil mustered, the
. ' ' ”MM‘W'W «ins Mitts the name new in oestro-
4““ WW‘E‘EM sassy. This trade salsa consists at
“t it “ ' matter “ the word i'leaishlpt," printed in a
' “Intuit-At «m gaunt-mas device. as ludiuntsd by
V. “9'” WW“ “‘9' the minus our; of its momma.
“WWW you has has lhtr'oiiuoe’d is m-
”has. and by the printed advertise»
is of the plaiutltt may. also
ashes. and by sits Isalshiptiesaa.
as lipid sailed; exhibited not.
dun mi Muslim ltd court.
mundmuiitsadslitlmud
Muscles unlit» unseat unis. this
trotersy was issued to plaintilis pro-i
deoeasor. the wood Bealshlp." while}
in a measure descriptive oi the moth?
0d adopted by the company in ““03
pin: or users. was new. and i think it
was subject to trade snark at thsti
time The noun rule is. as l under 1
stand It. that words in common use
may be appropriated as a trade mark
or trade name it used in a newiand
distinctiva sense. slid the more tact
that the method since the adoption at
the trade mark has honours common
would not deprive the pialntll at its
light to its exclusive use when .thst
use is annotated with other designated
ideas which accompany it.
New. in the next plane. it is disliked
that even it this is a valid trade snark.
it applies only to the package. and
not to the oyster in the use” it
i understand you correctly, that is
your claim. that the defendant used
the package it hsd houht tn- the
plaintltboersbeur. sad is that use did
not inn-tan the pliistll’s trade snark.
The theory at an Innlnmsut at a
trade mark must he supported by tas-
tiinony which shows that the dense
sets have sold” goods trots the beak-
ase uses which the trade mark is plau-
ad. which were other goods then the
toad authorised to he sold mm.
costumer "v The stated! was
Waters. and he Mutants new
, ins mm
And it is was“: one inst
simulation oi the trails stark or ..
Mummy-um,"
:2d day 0! May. lilil
Per order of the l outsell.
littoat: ,
, Jtllil‘s’~ .l. (TUNER).
City Clerk.
NOTICE
Notice is hereby given in «on per
son whose had is «Rented by the as
tsbllaitmt and deal of r
butldiu line on both sides at West
arcane. in this city. that the commit
tea appointed by the Council at thit
city. in establish and W Mil
huddle; lines in their maumv
and adopted by the (pundit. so the lat
day of May. mi «liaisons and so
praises the benefits and law re
salon or Mill“ in any person or
pauses. lion the designation or as-
tahlisksteat of said building lines. and
lids the haunts sad damages in «or:
aasatabami; that atheism"
in every can equal the damas- in
whose pm by
hhllsilmtu of said bulldlirl lites. With
the amount of the beastly and m
in out opposite their respective m:
Int Cl“.
Mahatma mun“...
Do. Not. uBaptist Church. . .Mfl .00
Jamaal-i .......0|.00 00.00
All! Sills and Louise I
Curtis ....IMO 00.00
durations .....M Um
kneels-s
o...
is this lsstanoa «mm mm “W“ w.“ v“ M
“.th“ . Jan‘s: “am-- .3. a n : swig”
raisin, to s. that mm Mn. ""lel.l.251ssss em
«Kuwaiti upon this point is talisman i‘rastuuiy Ml . .. . . Hume 00M
wast constitutes ”ornaments .s gig. smut ”.00...‘l.l...”g :3:
simple dalisltloh is. ”the modulus ”“0 m. '“' ":_ uo'st
sao~i-s‘os$
. a
i
l
served ore-hilttrrt‘ti twist or ;
éSouth Nor'walk Monumental Works
Office and Yard. 84 S. Main St. ~Phone 904
between thin slices ut’
lit-rad. Caviarc' to 25¢ 8:
4scacan.
Cold Boiled Ham and
Potato Salad rounds out
the iuiirh. The hunt is 40¢
a 1b.: our own Potato Sal»
ptiwmade irrslt daily-Aer 7
a pound.
John
G.
Bier
a w mo....w_ Wm
Phone
37 3'3
13 Railroad Aye.
l’
it Wdl Pay 5
‘fi
ms to secure your nuts it! our store
our prices mike best in town. in
addition we‘suhuit to you s proposi-
tion whereby yes one each» a #33
“may Talkies anus, fras. sitar
you have seeds to tkr
assent of“ Mk liar Cash Oooooa
W. F.Wme&Co.
”We ,
ammo. .“W
is n chum to estimate on the installing of Plumbing
Ind Hosting in the houses being erected.
Our materials are riaht. our workmanship is right.
our prices .are lair and shuare.
ll 10 wall DE PENDAIMJL' WORK and workmen you
don't do better than send to
The Jones & Hoichiilss Co.
IWMTII OHIIIFULLV FURNIDHED
‘7 W." I!“ M 742 Nomlk. Gena.
LOO
The Hatch & Bailey Company
at the 441001380
1:. n. TourinsCar
Equipped with silk mohair top. m lie". I” and all ill“. Bosch
assassin and eel]; eventual Int-class. Guaranteed tor cos you by
the Insomnia. for "In. her tiili particulars call or addre-
F. E. LOCKWOOD 8: CO
as Wail WM) name. must west. Remake on...
w
sou-rs soawsta. sous. ,
romaine Installment» so swimmers .2 _
Lumber and Mill work for Everything
Norwalk Chronicler