Page:Federal Reporter, 1st Series, Volume 1.djvu/33

 SAWYER V. HOEN. 35 �MoREis, J. The bill alleges that the complainant, Henry Sawyer, of the city of Boston, in the state of Massachusetts, lias been for about 20 years engagea, in the manufacture of bluing; that his bluing bas an extended and desirable repu- tation in the markets of the United States, and especially in Ealtimore, where it has been and now is regarded as an arti- cle of great excellence, and has been sold in Baltimore and elsewhere in large quantities. �That in order to identify the bluing made by him and dis- tinguish it from ail others, complainant devised and adopted, as a trade-mark, certain marks, symbols and devices, and a form of package, none of which had been before at any time applied or used in connection with bluing, and which have continually, ever since, been used by him to identify his blu- ing. �That the marks so adopted were : �1. A red disk, applied on the top of the box, -which had been first used by him in 1863, and had been registered by him, aeoording to the statutes of the United States, as a trade- mark. �2. Certain pictorial representations of his boxes, which he used as part of the labels, applied to the outsides of the paek- ing boxes, in which the small boxes containing the blue were paoked for market. �3. An. allocation or combination, consisting of words printed in bronze letters on blue paper, constituting the label sur- roundiiig the small boxes containing the blue. �And also a new and original and peculiar form of pack- age or box to contain the blue, consisting of a cylinder, hav- ing a top of metal, perforated with holes, sealed with red sealing-wax. �Also a packing box with certain distinctive labels before mentioned, in which the cylindrieal boxes were so packed and arranged that upon being opened nothing was exposed to sight but the red tops. �And the bill charges that the respondent Horn is engaged in Baltimore in the business of manufacturing blue, and, knowing the high reputation of complainant's goods as iden- ��� �