“ Thus we see that the leading representation on the labels, packages, and in the advertisements of this preparation is that it is a laxative fruit syrup made from the juice of the California fig. . . . The popularity of this medicine arises from the belief in the mind of the ordinary purchaser that he is buying a laxative compound, the essential ingredient of which is the California fig, whereas, in fact, he is buying a medicine the active property of which is senna. The ethical principle on which the law of trade-marks is based will not permit of such deception. ”

“ In considering what constitutes a material false representation, the chancellor observed that he could not receive it as a rule, either of morality or equity, that a plaintiff is not answerable for a falsehood, because it may be so gross and palpable as that no one is likely to be deceived by it ”

“ If the sales made by the plaintiff and his firm are effecred, or sought to be, by misrepresentation and falsehood, they cannot be listened to when they complain that, by the fraudulent rivalry of others, their own fraudulent profits are diminished. ”

“ Even if it were true that, at the time the medicine in question was first made and put upon the market, the juice of figs was so largely used as one of the ingredients, as to have warranted the adoption of the name 'Syrup of Figs' as descriptive of the nature of the medicine, that would be no justification for continuing the use of the term after the manufacturers and vendors of the medicine ceased to use fig juice as a material ingredient. ”

“ And it would seem to be inconsistent, and to tend to defeat such salutary laws, if medical preparations, often and usually containing powerful and poisonous drugs, are permitted to be widely advertised and sold to all who are willing to purchase. Laws might properly be passed limiting and controlling such traffic by restraining retail dealers from selling such medical preparations, except when prescribed by regular medical practitioners. ”

“ A court of equity cannot protect property in a trade-mark thus fraudulently used.'
And this doctrine of the English and American cases above referred to has been applied in the Federal circuit courts and circuit courts of appeals in cases in which the California Syrup Company, the complainant in the present case, was a party. ”

“ The cases are numerous where the courts have refused to grant relief under these circumstances.'
Accordingly, the circuit court dismissed the bill with costs. On appeal to the circuit court of appeals for the first circuit the decree of the circuit court was affirmed. [16 C. C. A. 376, 33 U.S. App. 283, 69 Fed. 740.]
In the circuit court of the United States for the eastern district of Michigan, April 1, 1895, the California Fig Syrup Company filed a bill, seeking to restrain Frederick Stearns & Company from infringing complainant's trade-mark. [67 Fed. 1008.] ”

“ Schepp, 42 Fed. 62, the right to a trade-mark was claimed in the word 'Puddine,' in connection with the words 'Rose' and 'Vanilla,' but Circuit Judge Lacombe refused an injunction, and in his opinion said: 'The complainant himself is engaged in deceiving the very public whom he claims to protect from the deception of others. He calls his preparation 'fruit' puddine. ”