Cantrell & Cochrane, Ltd. v. Butler

THOMAS, District Judge.

The simulation of complainant’s label is obvious. It indicates intention to use complainant’s repútation for the purpose of marketing defendant’s goods. To attract attention, and to avert suspicion, or to confirm credence in his pretensions, defendant is using a label in such similitude to complainant’s well-known label that it can be differentiated only by greater attention and comparison than is bestowed by the usual customer. The label itself used by the defendant speaks and declares at once that it is calculated and intended to defraud both the complainant and…