Bulletin of the United States Trade-Mark Association Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...the form of a powder, cont a round can with yellow labels. To this prepara given the name Sopono. Another of his pr.e was a seourin;_r soap in cake form also wrapped i Tl-IE SAPOLIO TRADE-MARK. 173 and having upon the wrapper the representation of a human face observing itself reflected in a pan. There was no proof of confusion of the respective packages. The decision of the court, ignoring the difference in the dressing of the two manufacturers, decided the case upon the probabilitv of confusion to the first customer, unfamili-ar with the-dressing and appearance of the complainant s goods. Old customers, it was stated, who had become acquainted with the dressing of the genuine product, might not be deceived, but with respect to those members of the public who had not become acquainted with the dressing, confusion might readily result, and the defendants obtain trade that was intended for the complainant. The similarity in sound, when pronounced, between the words Sapolio and Sopono was regarded as another important element in the case. The right of the complainant to enjoin the use of the pictorial mark was also upheld. It was contended by the defendant that because of complainant sv use of the two marks in connection with one article, the defendant might use either one alone. The court said, however, that the complainant had acquired and maintained a certain property right in each mark, the word having been employed for denoting the compound and the picture for suggesting the characteristic of it. The fact that Sap0lio was a cake and Sopono a powder was held to be of no moment, the goods being intended for the same class of customers, and for the same...