August i, 1905 ] 



THE INDIA RUBBER V/ORLD 



XLI 



Notice to the Trade. 



Between 



EUREKA FIRE HOSE COMPANY 



Coiiiplaiiiaiit, 

 and 

 THE EUREKA RUBBER MANUFACTURING COMPANY 



Defendant. J 



IN CHANCERY OF NEW JERSEY 



ON BILL, ETC. 

 FINAL DECREE. 



This cause coming on to be heard on pleadings and proofs in the presence of Randolph Perkins, 

 Gilbert Collins and Richard V. Lindabury, of counsel for complainant, and John V. B. WicofT and 

 William M. Lanning, of counsel for the defendant ; and the court having heard and considered the 

 evidence and the argument of counsel and having taken time for consideration and being of opinion 

 that the complainant has as against the defendant an exclusive right to the use of the word or name 

 " Eureka" as applied to conductive hose, and that the use of this name or word by defendant in the 

 marketing by defendant of conductive hose is an infringement of said complainant's right to the 

 exclusive use of the said word or name " Eureka" in that connection ; and that the use of the word or 

 name "Eureka" by the defendant in its corporate title or otherwise in connection with the marketing 

 of conductive hose in competition with the complainant was and is unfair and fraudulent competition. 



IT IS THEREUPON, on this si.xth day of June in the year of our Lord, One thousand nine 

 hundred and five, by his Honor William J. Magie, Chancellor of the State of New Jersey, ordered, 

 adjudged and decreed and the said Chancellor does by virtue of the power and authority of this Court, 

 hereby order, adjudge and decree that the said defendant, its officers, directors, agents and attorneys, 

 be and they are hereby perpetually enjoined and restrained from directly or indirectly using the word 

 " Eureka " as part of the corporate title of the defendant, or in any form or combination, or in any 

 connection with the advertisement or sale of conductive hose ; and also from using the word " Eureka " 

 in the corporate title of the defendant or otherwise, so long as the defendant manufactures or sells, or 

 continues to manufacture or sell conductive hose. 



It is further ordered that a perpetual injunction do issue accordingly. 



And it is further ordered, that the application of the complainant for a general decree enjoining 

 altogether the use l:)y the defendant of its corporate title be denied, but without prejudice to the filing 

 of a bill hereafter to enjoin such use in case it should appear that under the application of the limited 

 injunction hereby granted confusing or uncertainty to the injury of the complainant exists or continues. 



And it is further ordered that the application of the complainant for an injunction restraining 

 the use by the defendant of the red, white and blue, tri-color device described in said complainant's bill 

 of complaint on the goods manufactured by the defendant and on its letter heads, envelopes and 

 catalogues be denied. 



And it is further ordered that either party have leave to apply to this Court, at the foot of this 

 decree for further directions, if it should appear to be necessary in order to effectuate this decree, or 

 to protect the rights of either party thereunder. 



And it is further ordered, adjudged and decreed that the said complainant recover against the 

 said defendant, its cost of this suit to be taxed and that execution do issue according to the practice 

 of this Court. I^SignedJ W. J.' MAGIE. 



Respectfully advised. 



John R. Emkry, 

 Vice Chancellor. 



[A TRUE COPY] 



EUREKA FIRE HOSE CO. 



