608 



riOKTICULTURE 



November 4, 1916 



LILIl'M FOKMOiSVM 



LILIUM FORMOSUM BULBS 



A good investment lor the Florist; a type that will produce splendid re- 

 sults with little care aud attention. Our bulbs are extra fine, none better at 

 any price. A late shipment of the following sizes just received. Order early 

 as stock is limited. 



GBEEX STEM TTPE (For Early Blooming). 



The best type for early forcing, for flowering in January. February and 

 March 



liulbs in each case Doz. 100 lOOfi 



8 to 10 inches liOO ^1.30 $8.75 ^s-^.M 



9 to 10 inches liO l.CO 10.00 '.ij.rji 



DARK STE.M TYPE (For Easter Blooming). 



This strain for March and April Idooiu has given universal satisfaction. 



7 to 9 inches 270 .$1.15 $7.00 $65.00 



8 to 10 inches 200 1.50 9.50 flO.OO 



9 to 10 inches ISO l.SO 12.50 105.00 



10 to 12 inches I"i0 2.25 15.00 142.50 



HL. CIGANTECM, LIL,. SirLTIFLOKr.M and all other Seasonable Bulbs. 

 Send for Wholesale Catalog. 



HENRY F. MICHELL CO., ^'^^^r.-^ll^V^r 



SEED TRADE 



AMBRICAN SEBD TRADE ASSOCIATION 



OfflceK — President, Klrby R. White. 

 Detroit Mich.; First Vice-Prenident. F. 

 W. Bolfflano, Washington, D. C. : Sec- 

 ond Vice-President, L. L. Olds, Madison, 

 Wis.; Secretary-Treasurer, C. E. Kendel, 

 Cleveland, O. 



An Important Court Decision. 



The following is a copy of the U. 

 S. Court decision which has just been 

 handed in in the suit for damages 

 against the J. Chas. McCuUough Seed 

 Co. of Cincinnati for the use of the 

 trade name "Acme." It will no doubt 

 be of considerable interest to the 

 seed trade. 



In the District Court of the Initerl States, 



Southern District of Ohio, 



Western Division. 



No. 19 



OPINION. 



E. W. Oonlilin & Son. Inc., Plaintiff, 



vs. 



Til.' ,T. Chas. JlcCuUough Seed Company, 



Defendant, 



Hollister, .T. 



Aetiiui for infringement of trade mark 

 sind for unfair competition. 



At the close of the argument, the court 

 expressed the opinion that the defendant's 

 claim of prior use of the word "Acme" and 

 the letters "J. C. McC." in connection 

 therewith upon bags and other receptacles 

 in which timothy seed had been sold by 

 .1. Chas, McCullough, whose rights in 1913 

 were transferred to the defendant, was 

 clearly established. A decree for defend- 

 ant would have been entered then, but 

 counsel for plaintiff urged earnestly the 

 point that the use by defendant and its 

 predecessor of the word "Acme" and the 

 initials of "J. C. MeC." was shown by the 

 testimony to indicate merciv grade or 

 quality. 



There was much testinionv on the part 

 of defendant's witnesses that the word and 

 the initials did indicate the best iiualltv 

 and grade of timothy seed. If the evidence 

 disclosed nothing el.se than that the plain- 

 tiff would be entitled to a decree But it 

 discloses a great deal more. The use of 

 the word "Acme" and the initials of ",T C 

 .vIcC. indicate also source or origin as 

 well as excellence, and they were known to 

 the trade as indicating both (lualitv and 

 origin This being so. the plaintiff's case 

 'Z')?!""*.,,'": «"ecessfully maintained and the 

 InU will be dismissed at plaintiff's costs. 

 •■ S^'^ respondent used "Acme' and the 

 initials 'J C. McC." for all kinds of grass 

 seeds, while the plaintiff used "Acme'' and 



^nVJ";'"'!? "?,' ^^- '^■" ""'-v ^s atride 

 mark for timothy. 



In view of the conclusion reached on the 



merits of the case it will not be necessary 



to decide the question wliether or not the 



allegation in the hill that plaintiff used 



"Seeds with a Lineage" All Varieties 



Thoroughly tested at our trial grounds, Raynes 



Park, London, England. Send for CfitaJogue 



CAK 1 EKO I L8TE0 SEEDS, Inc., commerce BiaiTBoa^, M*>L 



".\cine" with the initials "E. W. C." for all 

 kinds of grass seeds, since it is untrue, 

 would warrant a dismissal of the bill for 

 that cause. 



Munn & Munn and Walter F. Murray, 



Attorneys for Plaintiff. 



Pogue, Hoffheimer & Pogue, 



.\ttorneys for Defemlant. 



One Week's Imports. 



Imports at the port of New York, 

 for horticultural material, for the week 

 ending Oct. 20th, were recorded as fol- 

 lows: 



Bulbs— Prance, $1,290: Netheilands, 

 $201,614; England, $419; Bormiuia, $(1; 

 Japan, $24,649. 



Plants — Belgium, $6,4G9; France. 

 $980; Netherlands, $5,676; England, 

 $1,338; Scotland. $176; Bermuda, $4; 

 Trinidad, $102; Colon, $1,475. 



Red clover seed — France, $13,571. 



Grass seed — Ireland, $3,840. 



Other seeds— Prance, $8,529; Nether- 

 lands, $90; England, $10; Japan 

 $12,559. 



Nitrate of soda— Chile. $77,708, 



Other fertilizers— England, $16,591, 



selling at from $2 to $2.50 a barrel. 

 Three grades of navy beans, the mar- 

 rowfat, medium, and pea, are quoted 

 at $5.70 a bushel — a price not recorded 

 in recent years. The prevalence of 

 "anthracnose" disease and the hot 

 weather, which kept the beans from 

 setting proiierly, is said to be one of 

 the causes tor the high prices. 



The high price of vegetables in gen- 

 eral is given by J. R. Hepler of the 

 Tniversity of Wisconsin, as one of the 

 causes for increased potato prices. 

 "Last year 'average' to 'low' prices 

 prevailed in the vegetable market." 

 explains Mr. Hepler, "and as a re- 

 sult many growers quit raising vege- 

 tables, which sent prices up again this 

 season. Probably next year will see 

 another reaction to low prices follow- 

 ing a larger crop, induced bv better 

 market conditions this fall," 



Notes. 

 Grand Rapids, Mich.— A. J. Brown 

 Seed Co. has purchased the business 

 of the Jones Seed Co. 



High Vegetable Prices in Wisconsin. 



Wisconsin cabbage growers are re- 

 ceiving about $35 a ton, as against $6 

 to $10 a ton last year. A steady ad- 

 vance has been noted in the onion 

 market. Growers are getting at whole- 

 sale from 75 cents to $1.50 a bushel 

 for first grade. Squash is rated now 

 at about $40 a ton, while (iirnii.v are 



As is generally known in the seed 

 trade there is a temporary embargo 

 on grass seed from Holland, ever 

 since July 31, 1916. 



BUSINESS TROUBLES. 

 Stillwater, Minn.— Francis Berry, 

 grower, was adjudged bankrupt Octo- 

 ber 17th. 



