160 F. 270 | U.S. Circuit Court for the District of Southern New York | 1908
This suit was brought to restrain the alleged infringement of a registered trade-mark. The statement filed in the United States Patent Office claiming a trade-mark states that the trade-mark, was registered May 8, 1906; that the trade-mark consist's of the words “Merrie Christmas”; that the class of goods to which the trade-mark is appropriated is ribbons; and that the trade-mark is usually displayed by weaving it in the goods, and by placing on the sides of the rolls of ribbon and on the boxes in which the rolls of ribbon are packed printed copies of the same words. It appears that in 1905 complainants conceived the idea of manufacturing a ribbon, in the body of which were woven, at regular intervals, the words “Merrie Christmas,” in a style of Old English script type. The ribbons were put up in packages of 10 yards in length, and the words “Merrie Christmas” were woven into the ribbon with an interval of about 2 inchés between each repetition. On the side of each roll was also put a label containing the name of Smith & Kaufman, the complainants, and the words “Merrie Christmas” written in the same general style as the words on the ribbon, and the words “Ribbon No. 2.” The defendants thereafter brought out a cheaper ribbon, on which the words “Merrie Christmas,” written in similar Old English script, are printed at intervals along the whole length of the ribbon, with about the same space between each repetition as in the complainants’ ribbon. The label' put upon the side of the defendants’ rolls of ribbon has printed on it the words “Holly Ribbon Design.” There is nothing in the labels placed by the defendants on the sides of their rolls of ribbon or on their boxes which imitates the complainants’ labels on their rolls or boxes, but the words “Merrie Christmas” woven or printed at intervals on the whole length of the ribbon itself are so similar as to justify the inference that the defendants planned to print the words on their ribbon with the intention to imitate as closely as possible the complainants’ ribbon.
This suit is not brought on the ground of unfair competition in trade. If it had been, this court would have no jurisdiction, because the parties are all citizens of this state. It is therefore unnecessary to inquire whether the obvious imitation by the defendants of the com
My conclusion is that there should be a decree for the defendants* dismissing the bill on the merits, with costs.