Page:Federal Reporter, 1st Series, Volume 1.djvu/34

 26 ���FEDERAL REPORTER. ���tified by Ma said marks and labels and peculiar appearance, bas for bis own profit, and to the injury of the complainant, been selling bluing put up in boxes made in imitation of com- plainant's, and had attacbed to the boxes palpable imitations of complainant's trade-marks. �And that said respondent, Horn, had wilfully and fraudu- lently put up bis bluing in packages substantially the same in every material respect and baving substantially the same general appearance as tbose of complainant, and had packed the same in the precise form and manner originated and used by the complainant, and had sold the same as and for the bluing of the complainant. �The bill furtber alleges that the respondent's imitation of the complainant's peculiar form of package, labels and man- ner of packing created confusion in the market, and misled and deceived purchasers who were familiar with and desired to obtain complainant's goods, and that respondent's goods were inferior and sold at a less price than complainant's. �The bill prays for an injunction and account. �These are in substance the more important allegations of the bill. �The respondent's answer admits that the complainant is a manufacturer of bluing as alleged, but denies that prior to 1878 the complainant ever claimed any of the alleged symbols, marks, or form of package as bis trade-mark, or that he bas ever attacbed to bis bluing anything in the nature of a trade- mark, except the fac siniile of bis signature, the dates of the patent and reissue obtained by bim, and the word "Crystal;" and respondent aUeges that the red top of the boxes, the blue eolor of the label, the lettering, type, phraseology, green box, and other matters claimed by complainant in his bill, are such as belong to commerce and the public in general, and are not susceptible of exclusive appropriation by any one. �Eespondent further alleges that complainant had, in the year 186e, obtained a patent for the said box containing his bluing, in which it was described as a package or case, which, wben made with distributing holes and fiUed, is cemented by wax or a wafer, which patent was afterwards held to be void. ��� �