uwrnn v. norm. 27
. That the red top was producedgby the application of Vene-
tian red, for the purpose of stopping the perforations in the
top of the package until required to be opened for use, and
that the claim of the red top as a trade-mark was an after- `
thought of the complainant, suggested as a means of con-
tinuing his monopoly after his patent was annulled. That it
was not a proper subject of registration as a trade-mark, had
never been used or applied as described in the certificate of
registration, and was but the ordinary use of a cheap and well
known red material as a cement to close the perforations of
the box, and when so applied became part of the box itself,
and not in any sense a trade—mark.
Respondent further claims that the pictures used by him on
the lids of his larger packing boxes were simply pictures free
to be used by any one, and alleges that the form of package,
labels and other marks claimed by complainant are not orig·
inal or peculiar, but had been long used by many persons in
the same trade.
The respondent admits that he does put up and sell a bluing
in boxes having a resemblance in form to those sold by the
complainant, but denies that he has done so fraudulently, or
that he has ever done so   imitation of the complainant’g
bluing, or ever done anything not warranted by a fair compe-
tition in business, and denies that he has ever offered to sell
any of his goods as and for the goods of the complainant, or
sold any goods bearing any marks belonging exclusively to
complainant, or any false representations thereon calculated
to create confusion, and cause his goods to be purchased as t
and for the goods of the complainant.
He admits that he sells his goods cheaper than the com-
plainant, but alleges that he gives as good an article for less
money. A
The case now comes on for nnal hearing, and we have been
greatly assisted by the careful and thorough manner in which
the facts have been presented, and by the able arguments of
counsel, and the very numerous exhibits which have been .
brought to our attention illustrating and explaining the facts