WERTHEIMERV. STEWART, COOPER & CO

1906 Reports of Patent Design and Trade Mark Cases  
481 5 Passing-ofl:-Injtvry to ]JrojJerty.-J."lfocle of adoerlisinq-s-Premium systeln of sale.-/~ilnilarityof nelUSjJ(ljJer advert'iseJnents.-l 1rade rivalry.-lteg'istratforr;) i", .t" refused. . ,/ The Plaintiff had devised a novel but unregistered scheme of advertising the sale of his packets of garden seeds by insertinq in numerous neuispapere a 10 "stereotYlJed" combi.nati.ni of lengthy letterpress surrounded by pictures of objects, anyone of iohich. he offered as a premiuan to purchasers.
more » ... an to purchasers. The Defendant issued adcertisements in IJrec'isely similar form, includinq the pictures and the arranqemeni, e.cceptin.) that he substiticted a neic name for the seeds and a slightly different. condition for earning the premium, arLcllJnt his trading name 15 (tt the fool of the culoeriisemcnis. In an action Jar asi injunction-s-Held, that the Defendant had done nothiru) misleadinq 1uh icli could injure any pronertsj in the Plaintiff, so that na Lnjunction could be granted.
doi:10.1093/rpc/23.22.481 fatcat:zfhln33rwjetvk55qnbzxzqcti