Henry Billings Brown

“ It is admitted, however, that six-cord spool cotton is the thread most largely used for domestic consumption, and, put up on spools of 200 yards length, in numbers from 8 to 100, is best known and purchased by the great mass of consumers, and that it is as manufactureres of this description of thread that the plaintiffs are, and have for a long time been, known throughout the country. ”

“ Plaintiffs, however, claim that, being the first to use the combination of a black and gold label with an embossed periphery, they should be protected against any such imitation by others as would mislead an ordinary purchaser of thread in small quantities. A large number of witnesses were sworn upon this subject, whose testimony tended to show that they had either purchased themselves, or seen others purchase, defendants' thread, supposing it to be Coats'. ”

“ He is chargeable with knowledge of the fact that any manufacturer of six-cord thread has a right to use a black and gold label, and is bound to examine such label with sufficient care to ascertain the name of the manufacturer. Indeed, the intent to imitate plaintiffs' spool heads, if any such intent existed, is manifest rather in the label than in the periphery ”

“ If the purchaser of such thread desires a particular make, he should either call for such, in which case the dealer, if he put off on him a different make, would be guilty of fraud, for which the defendants would not be responsible, or should examine himself the lettering upon the spools. ”

“ There can be no question of the soundness of the plaintiffs' proposition that, irrespective of the technical question of trade-mark, the defendants have no right to dress their goods up in such manner as to deceive an intending purchaser, and induce him to believe he is buying those of the plaintiffs. ”

“ At about the same time the manufacture of this thread was also begun by the Willimantic Linen Company, George A. Clark & Co., and the defendants. From the time plaintiffs' thread began to be exported to this country to the present time, their spools have borne the black and gold label represented above, and still in use. For the past thirty years they have been, by far, the largest manufacturers and dealers in spool thread in this country. ”