P. Lorillard Co. v. Peper

PRIEST, District Judge.

Since 1886 the defendant has used, among a multitude of other designs for the product of his tobacco factory, one called “Peper’s True Smoke.” It is contended by the complainant that the style of lettering and dress of this package constitutes an infringement upon a similar package of smoking tobacco put up by it and its predecessor since 1871, called “P. Lorillard & Company’s Tuberose.” The evidence shows the tuberose package was devised and adopted as early as 1871 by P. Lorillard & Co., and by that firm was continuously used down to July, 1891. Who constituted the…