42* FEDERAL BEPOBTEL;
. Gwmnteed to Contain
Land1·eths’
P Extra Early Peas,
I-0wd°d the Ses.1 is U¤Y>‘$°k°°•
‘ Below which is printed the quantity of peas contained in the bag,
as, for instance, “1-4 Bus.," and the year. It is very satisfactorily
shown that, by this form and character of label, the complainants'
bags have become known and recognized by dealers and by the pub-
lic as containing peas produced and sold by the complainants; and
it would appear that this form of designation of their goods has be-
come, by use and public recognition, valuable to them. It is, so to
speak, the recognized flag under which they sail in the trade. The
defendant, in 1883, having commenced the business of producing and
selling a variety of peas which he advertises as "Landreths’ Extra
Early Peas," at Manitowoc, in this state, placed upon the bags in
which his peas were sold, the following inscription, printed in blue
ink:
Wyse Bag Conmgns
Landreths’v
_ gxtra EMI? Pea,]
Provided l
_ ` The SGM is Unbfokqb
Below this label is printed the quantity of peas contained in the
bag, as, for example, "1·4 Bus.," andthe year. That this was a sub-
stantial adoption of the complainants’ label, in its collocation of words
and general appearance, cannot be doubted. The deviation is so
slight as not to be observable, except as the two labels are placed side
by side. It is equally clear that an ordinary purchaser, accustomed
to rely on the inscription upon the cornplainants’ bags as designating
the peas grown and sold by them, would be readily led to suppose,
upon ordinary observation of the defendant's label, that the peas put
up in his bags and sold by him were the goods ofthe complainants. In
short, the defendants label is a very plain imitation of that previously
adopted by the complainants. There is nothing in the defendant’s
label to fairly distinguish his production of "Landreths’ Extra Early
Peas" from that of the Philadelphia producers. Even admitting that
the defendant has th_e right to use the same words as those which
constitute the complainants’ label, he has no right to use them in such
form or such style of arrangement, as to lead the public to suppose
that the peas contained in his bags are peas grown and sold by the
_ complainants. This is so, without regard to any question of tech-