Van Camp Packing Co. v. Cruikshanks Bros Co.

• Citation: 90 F. 814
• Decision Date: 28 November 1898
• Docket Number: 11.
• Parties: VAN CAMP PACKING CO. v. CRUIKSHANKS BROS. CO.
• Court: U.S. Court of Appeals — Third Circuit

90 F. 814

VAN CAMP PACKING CO. v. CRUIKSHANKS BROS. CO.

No. 11.

United States Court of Appeals, Third Circuit.

November 28, 1898

V. H Lockwood, for appellant.

George H. Quail, for appellee.

Before ACHESON and DALLAS, Circuit Judges, and BUTLER, District Judge.

BUTLER District Judge.

The case is here on appeal from an order dismissing a motion for preliminary injunction. The facts are correctly stated by the circuit court, as follows:

'The complainant, a corporation of the state of Indiana, filed this bill to restrain the respondents from infringement of their alleged trade-mark and from continuing unfair business competition. The bill alleges that complainant has been engaged in making catsup since 1888, and had prior to August, 1896, built up a large trade in, and a valuable reputation for, catsup of its manufacture. That about the latter date complainants began packing and selling single bottles of their catsup in paper boxes or cartons and placed thereon such devices and lettering as identified the Van Camp goods. The bill states 'that the essential feature of said box or carton is the representation of a bottle thereon'; that it was customary for grocers to place said boxes in their shelves with the picture of the bottle showing; that they also built up large pyramids of boxes on their counters and in their windows; that by means thereof, also of displays made by complainants of food exhibits through the country and extensive advertising of said style of packages, the public had become familiar with complainant's goods. The bill alleges complainants were the first to put up catsup in boxes or cartons of the form and appearance described. It alleges the respondents have since begun to pack and sell their catsup in cartons or boxes identically like those of complainant and with such illustrations, representations, words and other features as were calculated to deceive and mislead the public into the belief that they were complainant's goods. The respondent by answer and affidavits allege amongst other things, they have been manufacturing catsup for some eighteen years, that in January, 1897, they ordered paper boxes and thereafter began selling their catsup in such boxes; that they used the common ordinary style of 'knock down' box of a size suitable for a catsup bottle and placed thereon a picture of their own well-known bottle; that in color, style, lettering and design their package is

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