and shoes or boots or shoes having stamped, or printed, or in any way marked thereon the name "C. F. Benkert & Son," or any other name in imitation or simulation of the said trademark "C. Benkert & Son," pursuant to the prayer of the said bill of complaint. LORENZO SAWYER. United States Circuit Judge, Ninth WRIT OF INJUNCTION. In the Circuit Court of the United States for the Ninth Judicial Circuit in and for the Northern District of California. BOORD & SON, Complainant, 18. E. G. LYONS COMPANY, Respondent. In Equity. The President of the United States, To E. G. Lyons Company, its clerks, agents, servants and employes, Greeting: Whereas, It has been represented to us in the Circuit Court of the United States for the northern district of California that Boord & Son, a corporation, of London, England, have a valid trademark in a device consisting of a cat standing upon a barrel, as applied to bottled gin, and that you, the said E. G. Lyons Company, have infringed said right by dealing in bottled gin bearing an imitation of said trademark: Now, therefore, you, the said E. G. Lyons Company, your clerks, agents, servants and employes, are strictly commanded and enjoined under the pains and penalties which may fall upon you, and each of you, in case of disobedience, that you forthwith and until the further order, judgment and decree of this court, desist from dealing in any gin bottled in imitation of complainant's gin and bearing the device of a cat standing upon a barrel. Witness, the Honorable Melville W. Fuller, Chief Justice of the United States, this 14th day of October, in the year of our [SEAL] Lord one thousand eight hundred and ninety-eight, and of our Independence the 123d. SOUTHARD HOFFMAN, Clerk. FINAL DECREE. (Royal Baking Powder Co. v. Royal Chemical Co., Price & Steuart, 1.) This cause having been tried at a special term of this court, before the Hon. Hooper C. Van Vorst, one of the justices thereof, without a jury, and the proofs and allegations of the parties having been heard, the said court gave its decision in writing in favor of the plaintiffs, and against the defendants, with costs; which decision has been filed with the clerk of this court: Now, in pursuance thereof, it is hereby adjudged that the plaintiffs are entitled to judgment on all the issues, and judgment is hereby rendered in favor of the plaintiffs, and against the defendants thereon, and it is hereby also adjudged that the plaintiffs are entitled to the exclusive use of the term "Royal," as their trademark, on labels attached to baking powder manufactured by them, and in connection with the words "baking powder." And it is further adjudged, that the use by the defendants of the word "Royal" on labels affixed to baking powder, made by the defendants, or printed or written on boxes, labels or otherwise howsoever, in connection with baking powder made by them, was in violation of the plaintiff's rights. And it is further adjudged, that the defendants, their agents, clerks, workmen, servants and attorneys, perpetually refrain, and they are hereby perpetually enjoined and restrained, from using the term or designation "Royal" on, or around, or in connection with, any cans, boxes or other packages, of any nature or kind whatever, containing baking powder, or in any sign, invoice, billhead, card, circular, advertisement, in connection with baking powder, and from using the name "Royal Baking Powder," and from selling and disposing of any baking powder with the word "Royal" attached thereto, except on such baking powder as is obtained from the plaintiffs. And it is further adjudged, that the plaintiffs recover of the defendants their costs and disbursements in this action. INJUNCTION. (Gillis v. Hall, 2 Brewst. 342.) Defendants enjoined "from making and selling any preparation as and for the preparations specified in plaintiff's label, and from using the name of Hall, or R. P. Hall, or Reuben P. Hall, either singly or in connection with others, upon any such preparation; or from making or using any trademark, label or wrapper in imitation of those now in use by plaintiff." (Colton v. Thomas, 2 Brewst. 308.) Injunction against defendant "restraining the further use of the cards and signs complained against in the bill; and also to restrain the employment by him of any device by which the patients and patrons of the plaintiff, without the exercise of excessive care, will be induced to suppose that the defendant's place of business is the place of business of the Colton Dental Association." (Gillott v. Esterbrook, 47 Barb. 455.) "Ordered and adjudged that the said defendants, R. E., R. E., Jr., J. C., Jr., and J. B., and each of them, their agents and servants, do absolutely and perpetually desist and refrain from infringing or using the said trademark of the plaintiff, and from making or selling pens with said numerals 303' impressed on the boxes or packages containing steel pens." (Jurgensen v. Alexander, 24 How. Pr. 269; Cox, 298.) Ordered: (1) "That the defendant, his agents, clerks, servants and all others employed under or in connection with him be perpetually enjoined and restrained from disposing of, selling or causing to be disposed of or sold, any watches bearing the false, simulated and spurious stamp or mark, Jules Jurgensen, Copenhagen."" 2. "That the defendant do produce before Nathaniel Jarvis, Esq., appointed herein referce for such purpose, the said watches, which at the time of the commencement of this suit were in defendant's possession, and had upon them the said false, simulated and spurious trademark, to be erased or obliterated therefrom, by or under the direction of the said referee, at the cost and expense of the said defendant." (Coffeen v. Brunton, 4 McLean, 516; Cox, 82.) "To enjoin the defendant from using the label or directions accompanying the liniment he sells as aforesaid, or other labels or directions, or any advertisements or handbills respecting the same words which are used by the complainant on his label or directions, and which tend to produce an impression on the purchaser and the public that the liniment sold by the defendant contains the same ingredients as the 'Chinese Liniment,' and is, in effect, the same medicine." (N. K. Fairbank Co. v. R. W. Bell Mfg. Co., 77 Fed. Rep. 869.) Defendant enjoined from putting up and selling or offering for sale "The particular form of packages which has been referred to in the bill and put in evidence as 'defendant's second package,' or any other form of package which shall, by reason of the collocation of size, shape, colors, lettering, spacing and ornamentation, present a general appearance as closely resembling the 'complainant's package,' referred to in the bill and marked in evidence, as does the said 'defendant's second package.' This injunction shall not be construed as restraining defendant from selling packages of the 'size, weight, and shape of complainant's package, nor from using the designation 'Buffalo soap powder' nor from making a powder having the appearance of complainant's 'Gold Dust,' nor from using paper of a yellow color as wrappers for its packages, provided such packages are so differentiated in general ap pearance from said 'complainant's package' that they are not calculated to deceive the ordinary purchaser." MANDATE OF CIRCUIT COURT OF APPEALS, AFFIRMING DECREE OF INJUNCTION. (Feder v. Benkert, 76 Fed. Rep. 613.) UNITED STATES OF AMERICA-SS. The President of the United States of America, To the Honorable the Judges of the Circuit Court of the United States for the Northern District of California, Greeting: WHEREAS, lately in the Circuit Court of the United States for the northern district of California, before you, or some of you, in a cause between William J. Benkert, complainant, and Samuel Feder, and Aurelia Rosenthal, executrix of the last will and testament of Morris Rosenthal, deceased, respondents, a decree was duly entered in favor of the said complainant, which said decree is of record in the office of the clerk of the said circuit court, to which record reference is hereby made and the same is hereby expressly made a part hereof, and as by the inspection of the transcript of the record of the said circuit court, which was brought into the United States Circuit Court of Appeals for the ninth circuit, by virtue of an appeal agreeably to the Act of Congress, in such cases made and provided, fully and at large appears. AND WHEREAS, in the year of our Lord one thousand eight hundred and ninety-five, the said cause came to be heard before the said circuit court of appeals, on the said transcript of record, and was argued by counsel: On consideration whereof, it is now here ordered, adjudged and decreed, that the decree of the said circuit court in this cause be, and the same is hereby, affirmed, with costs. You, therefore, are hereby commanded that such further proceedings be had in said cause as according to right and justice, and the laws of the United States, ought to be had, the said appeal notwithstanding. Witness, the Honorable Melville W. Fuller, Chief Justice of the United States, the 16th day of November, in the year of our Lord one thousand eight hundred and ninety-five. F. D. MONCKTON, Clerk of the United States Circuit Court of Appeals for the Ninth Circuit. SECTION J CLASSIFICATION OF TRADEMARKS. The following classification of registered trademarks has been published in connection with the rules of the Patent Office: CLASSIFICATION OF MERCHANDISE UNDER THE ACT OF MAY 4, 1906. 1. Raw or partly prepared materials. 2. Receptacles. 3. Baggage, horse equipments, portfolios, and pocketbooks. 4. Abrasive, detergent, and polishing materials. 5. Adhesives. 6. Chemicals, medicines, and pharmaceutical preparations. 7. Cordage. 8. Smokers' articles, not including tobacco products. 9. Explosives, firearms, equipments, and projectiles. 10. Fertilizers. 11. Inks and inking materials. 12. Construction materials. 13. Hardware and plumbing and steam-fitting supplies. 14. Metals and metal castings and forgings. 15. Oils and greases. 16. Paints and painters' materials. 17. Tobacco products. 19. Vehicles, not including engines. 20. Linoleum and oiled cloth. 21. Electrical apparatus, machines, and supplies. 22. Games, toys, and sporting goods. 23. Cutlery, machinery, and tools, and parts thereof. 24. Laundry appliances and machines. 25. Locks and safes. 26. Measuring and scientific appliances. 27. Horological instruments. 28. Jewelry and precious-metal ware. 29. Brooms, brushes, and dusters. 30. Crockery, earthenware, and porcelain. 31. Filters and refrigerators. 32. Furniture and upholstery. 33. Glassware. 34. Heating, lighting, and ventilating apparatus, not including electrical apparatus. 35. Belting, hose, machinery packing, and nonmetallic tires. 36. Musical instruments and supplies. 37. Paper and stationery. |