The Argosy — page 310: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

4M1L ANWUVUAT AVIV LOCKNLIOCN. — THE ANTIPODES. Sydney, New South Wales, in the Court of Equity, BEFORE HIS HONOUR, THE PRIMARY JUDGE. I EQUITY. (Before His Honour the PRIMARY JUDGE.) ENO v. HOGG.—Mr. Owen, QC, and Dr. DoNoVAN, instructed by Mr. DE Lissa, for the Plaintiff; Mr. WALKER and Mr. Nasi. instructed by Messrs. HERON and SMITH, for the Defendant. His Honour delivered judgment on this suit on the 3oth instant as follows:—I have no doubt about this matter. It is true that as re the point of deception the imitation is not so palpable as in some of the other cases, but e: has gone as near as the imitator dared—some having more boldness and some more caution than others. Here, I think, there is abundant imitation. To quote the words of the Master of the Rolls, in what is cited as the ‘'‘ Dog and Porridge-Pot Case,” “ An honest man who wants to mark his goods never thinks of taking the device, partly or wholly, which some other tradesman is employing for the pu: of marking his goods.” are, Do doubt, considerable differences. Such, indeed, that if a man who had once bought Eno's Fruit Salt had brought his empty bottle with him when he came to renew his supply, he would not or might not be deceived, or he would at least require some specious explanation to remore his doubts. But one who does not take that precaution, the careless, or those who had not bought before and were advised to get a bottle of fruit salt, would be deceived by the term fruit salt, and by the labal bearing a malformed bunch of grapes. It is true che* if he looked closely and had means of comparison he would see that the word “ Farisian" indicated some other preparation than Eno’s, and not an English one. But even that term would not necessarily his eyes. Besides, the term ‘‘ Parisian " and the label purporting to express that it was a i invention, manufactured in the colony with the help of an srportet e , by Messrs, Hogg and Co., “ sole agents for the Colonies," every feature of which was a distinct and avowed untruth, was ir itself a fraud—a fraud, it is true, distinguishing the preparation from Eno's, but a fraud none the ‘ less in its express representation and in its purpose, namely, that of getting into Eno's trade in fruit salt, and winning to rat of the profits of the invention and advertising of Mr. Eno. Then as to the term “ Fruit t,"" I am of opinion that it was susceptible of registration asa trade mark, and that it was not descriptive of a class of preparations or of natural substances in a commercial aspect nor indeed scientifically. This seems to me to have been sufficiently decided in England in the case of Eno v. Stephens, and to have been recognised by the general supprei- sion or abstinence of the would-be-imitators that are sure to be eager for a share of the inventors profits. It was also decided by myself in Eno v. Davis, although in that case there were in same respects more daring imitations in other particulars than that of the name. There remains only the question whether the term “ Fruit Salt’ had become Juris before the plaintiff's regs- tration. I am clear that it had not. Mr. Eno had introduced his without registration, it s true; perhaps by omission, or perhaps relying on the honesty of others, and all was right ctl his tion came into t demand. Then came a variety of imitators. But, as far as the evidence goes, they were all fraudulent in their one object of diverting the plaintiff's trade to the spurious preparations, and in the colourableness of their imitations. It does not seem to me to be of much comsequence whether these imitations had or had not gone on for several years before the plaintiff's tion, but in fact I am satisfied, w the whole of the evidence, that they did not begin about a year or so before the plaintiff's tration at the furthest. I therefore decree that the defendant be tually restrained from -his manufacture with the words “ Fruit Salt” or colourable approach to that term or the other term used by the plaintiff x either of them. e defendant must pay all costs of suit. By the consent of ies, I assess damages at £100, payable within three weeks.—From Sydney Morning Herald, July 2. CAUTION.—Examine each Bottle and see the Capsuleis marked “ ENOQ'S PRUIT SALT.” Without it poe have been im on by a worthless imitation. Legal bay fi are j obey) in every civilized Country. SOLD : BY ALL CHEMISTS. Directions in Sixteen Langwages How to ent Disease, Prepared only at ENO’S FRUIT SALT WORKS, Hatoham, London, 8.E., by Eno’s Patett. If you wish to be well and keep well, take ‘Wards off the attacks of CHOLERA, TYPHOID, and ali MALIGNANT FEVERS. Speedily cures Acidity, Flatulence, Heartturmn, Impure Breath, Indigestion. Kc. It destroys all disease Rerms. and from {ts purifying action in absorbing al im- purities in the stomach and bowels, gives 2 heakhy tons to the whole system. Sold by al Chemists, im Hotties, az., 4., and 6s, “hiidren Mike them. Sol Tiss, He ar and as cach, by w.0. &47. ( Street Leodee, Wee’ BRAGG, 14 Wigmore | G11 modal Osokerit Candle Works, Lambeth, & 1 comicbooks.com