Page:Federal Reporter, 1st Series, Volume 4.djvu/542

 S$8 FEDBBAIi BEPOBTEB. �removed to Jersey City, in the state of New Jersey, about the year 1849. The plaiatiff corporation Was formed in 1868, and has been continuously manufacturiag said article to a large extent. �At a certain time during the period (the precise time being the only matter in dispute) Mr. Dixon commenced to put up his stove polish in elongated cubes, wrapped about by a blue paper wrapper, with printing thereon in black ink, surrounded by a heavy, double black rule or border. The ends of the wrapper were held in place by a yellow label covering the ends of the cube, with printing thereon in black also, sur- rounded by a double black rule. The same form, style, lan- guage, and appearance of the cube, wrapper, and label have been continued to the present time, exeept that the word "prepared" was substituted for "pure" in the year 1851 or 1852, and the necessary changes of the name of the manu- facturers have been made. Fac similes of the present styles of wrapper and label, with the printed matter thereon, are given in the bill. �The answer denies only the priority of the use oÇ the trade- mark by the plaintiff. Slight evidence of the truth of the allegations, which were not denied, was given by the plaintiff; but it may be considered as proved that large ainounts of money have been spent by the plaintiff and its predecessors in the manufacture of the article contained in this kind of wrapper; that the article has attained an establiahed and high character, and that its form and appearance are well known to the public. The wrappers and label, and the arrangement of the printed characters, and the language of the wrappers and labels, have become a well-known trade-mark, indicating to ail purchasers that the article which is contained in the wrappers is the Dixon polish, and is made by the plaintiff. The good-will of the business, and the right to the exclusive use of the trade-mark, are valuable to the plaintiff. Joseph Dixon duly and legally assigned and transferred ail his rights in the trade-mark to the plaintiff. �The defendant, a manufacturer of stove polish, under the name of the New England Lead Works, has, since 1876 or ����