Philadelphia Novelty Manuf'g Co. v. Rouss

This is an action for the infringement of a trade-mark. The ■bill alleges that the complainant is engaged in manufacturing and selling hair-crimpers which are put up in packages of 12, and wrapped with a tan-colored paper, which is held in place by a rubber band. . Twelve of these packages are placed in a red pasteboard box, on the cover of which is a white label,- with a black border, “and, as a distinctive trademark, in the center, the head of a woman, with hair curled, together with the words, ‘Madam Louie, Common-Sense Hair-Crimper.’” The defenses are — First, that the complainant is not…