Page:Federal Reporter, 1st Series, Volume 1.djvu/36

 28 FEDERAL REPORTER. �in this controversy, and also many of the subjects of contro- versy passed upon in the calfes cited in argument. �It appears that the complainant Sawyer in 1863 began using the present form of box as a convenient method of put- ting up waahing bine in a dry powder, and that he began to distinguish them by using a red colored top in 1866. �He used a box, Tsrhich is a small cyhnder of wood, about an ineh in diameter, and about two inches high. The box, when fiUed with the blue powder, is coYered hj a tin top, with a flange fitting over the top of the box. The tin cover is per- forated with live small holes, so that when needed for use the blue powder can be sifted eut as from the ordinary pepper, caster or dredgiiig box. Until needed for use the perforations are closed by something in the nature of sealing wax,. by prieking which the perforations can be opened. �This device was supposed by the complainant to be patent- able, and he did obtain therefor a patent dated January 6, 186e, reissued October 1, 1867, but by a deeree of the circuit court for the southern district of New York this patent was held to be void, and that deeree, upon appeal to the supreme court, has, since the argument of this case, been affirmed. �The bluing manufactured by the complainant and offered in packages of this form obtained great favor and became well known, and has been the source of large profits. It became well known not only in Massachusetts, where com- plainant's place of manufacturing is, but in Baltimore, where he has sold large quantities since the year 1871. �Upon the cylindrical box of the complainant he has, since 1866, used a label of dark blue paper, printed in silver let- ters, which completely envelopes the box, and the metal top is covered entirely by a coating of Venetian red and varnish, so that the box, when standing upright, presents nothing but the blue label and the red top. �The quantity of red cement used is in excess of the quan- tity necessary to be applied, simply to cover the five small perforations in tho metal top, and not only completely covers ail the top, but extends nearly a quarter of an inch down the sides of the box, enveloping the whole metal covoring. ��� �