Page:Federal Reporter, 1st Series, Volume 7.djvu/733

 SAWTKB V. KBLLOGO. 721 �Bowland Cox, for complainant. �George Putnam Smith, for defendant. �Before Bbadley and Nixon, JJ. �Beadley, Circuit Justice. This case, with its special cir- cumstances, seems to us to be a very clear one. The com- plainant's label, whioh he alleges that the defendant bas wrongfully imitated, had been in use substantially in the same form for a dozen or more years prior to the bringing of the suit. It consists of a blue wrapper, pasted around a small bottle holding the bluing, and containing, in sepa- rate compartments, various inscriptions in letters of silver bronze. The first compartment contains the general desig- nation of the article, in the words, "Sawyer's Crystal Blue and Safety Box." The other compartments are in finer print, and contain commendations of the quality of the arti- cle, directions for use, and the name of the party by whom it was prepared. �The label complained of, and admitted to be prepared and used by the defendant, is of the same size, color, and type, andof the same general appearance, as that of the complain- ant, being divided into compartments corresponding with those in his label. The inscriptions, although not identical, appear very like. The general designation is in these words : "Sawin's Soluble Blue and Pepper Box." Placing the two labels side by side it is easy to distinguish them. But ordinary persons, in the habit of buying the complainant's bottles, would be very easily deceived into buying the de- fendant's for them, the general appearance being 80 sim- ilar in every respect. That the defendant's label is a de- signed imitation of the complainant's scarcely admits of a doubt. Such perfect similarity could hardly have been the resuit of chance. We do not mean to say that it would be a justification if it were accidentai. But it is apparent that it was designed. Sawin is not the defendant's name; why, then, did he use Sawin's name and not his own? It was evidently done for the purpose of making a doser imitation of Sawyer's label. The defendant, it is true, alleges that he �v,-7,no.7— 46 ��� �