Page:Federal Reporter, 1st Series, Volume 1.djvu/696

 688 FEDERAL REPOUTBB. ���Cabeoll V. Ertheileb.* �(Oi/rcuit Court, E. D. Pennsylvania. April 6, 1880.) �Tradb-Mahk— Name— INFKINGEMBNT. — "Where the dominating charac- teristic of a trade-mark is a name by which the manufacturer's goods have become familiarly known to the public, another inimufacturer has no right to designate his goods by that name, even though lie accompa- nies it with a different device. �Distinction between Cigabettes and Smoefng '^obacco.— Although the revenue laws distinguish between cigarettes and smoking tobacco, there is no such substantial difference as will justify a manufacturer of cigarettes in applying to them a name which has become the well-recog- nized designation of another manufacturer's smoking tobacco. �Con^plaiiiant, a manufacturer of smoking tobacco, used a trade-mark consisting of the name " Lone Jack," with an aocompanying device, and bis tobacco became known to the public by that name. Respondent subsequently commenced manufacturing cigarettes, using a trade-mark ■with the name " Lone Jack," accompanied with a device different from that of complainant. Held, that complainant was entitled to an injunc- tion. �Practice — Evidence — Pkeparation dp Afpidavits. — AVhere affldavits have been prepared and printed without seeing the witnesses, and sent over the country to be signed by those who might be found willing to do 80, the statements therein are not regarded with confidence by the court. �Motion for a preliminary injunction. �The bill set forth that complainant had for over 16 years manufactured smoking tobacco, and had adopted, and con- tinuôusly and exclusively used during that time, a trade-mark, a prominent characteristic trait of which was the arbitrarily selected word-symbol "Lone Jack; "that he afïixed this trade- mark, by means of printed labels and wrappers, to his smoking tobacco, which was put up in varions styles of packages, in- du ding the form commonly known as cigarettes ; that although the said word-symbol "Lone Jack" was generally used in connection with certain words, being advertisements of his name and place of business and other matter, and frequently the name of the specifie article and the representation of the bust of a man smoking, still complainant's smoking tobacco came to be popularly known among merchants and consumera �•Beported by Jbrank B. Prichard, Esq., of the Philadelphia bar. ��� �