E. W. Burt & Co. v. Coes & Young Co.

This is a bill in equity brought to restrain the defendant from using the trade-name “Flexible Arch,” and from advertising its shoes by means of a pictorial representation of a shoe bent at the arch thereof. The case was referred to a master and subsequently was heard on the plaintiff’s exceptions to the master’s report, by a single justice of this court.* The exceptions were overruled, the master’s report confirmed, and a final decree was entered dismissing the bill.

The plaintiff’s appeal from the decree does not bring the evidence before us, and we cannot consider the exceptions based on…