CA6 



THE INDIA RUBBER WORLD 



JUDICIAL DECISIONS. 



GOOD WEAR TIRE & TUBE CO. ENJOINED. 



P'£i>ER.\L Tr.\oe Co.mmi.^sio.v :'.>■. .SopniF. Cohn, S.^muel M. 

 * Ch.\z.\noff .xnd B. Counsei-B.\um, doing business under the 

 firm name and style of The Good Wear Tire & Tube Co. 



The respondents formed a copartnership in March, 1920, under 

 the name The Good Wear Tire & Tube Co., with their principal 

 place of business in Chicago, Illinois, and engaged in manufac- 

 turing and selling reconstructed tires, buying second-hand and 

 unserviceable tires, cementing and sewing them together, and 

 advertising them as "Double Tires" with no hint of their com- 

 position, leading the public to believe they were made of new 

 and unused material. Moreover, they had full knowledge of 

 the existence and character of The Goodyear Tire & Rubber 

 Co. and of the confusion the name they had taken would cause. 



They are forbidden to use the name "Double Tread'' for the 

 tires they make, unless they add words which will show un- 

 mistakably that the tires are not made of new and unused mate- 

 rial. They are also forbidden to use in interstate commerce the 

 name. The Good Wear Tire & Tube Co. or any other name that 

 resembles that of The Goodyear Tire & Rubber Co. (Federal 

 Trade Commission. Docket 403, Washington, D. C, Januarv 29, 

 1920) 



ACCEPTANCE TELEGRAM BINDS RUBBER CONTRACT. 



Fred Stern & Co. :j-. The B. K. Sturgi.s Co.— United States 

 District Court. Ninth District, San Francisco. May 25, 1920. 



Damages claimed on account of failure to accept delivery of 

 rubber shipments made during 1918. Acceptance was by telegram. 

 with statement that contract would follow. Judge Rudkin held 

 that the telegram was a binding contract, even though the words 

 were embodied in the telegram that a contract was to be mailed ; 

 and that all the jury had to do was to fix the amount of the 

 plaintiff's damages. Through a mistake the jury scattered ai'd 

 the case had to go on the next Court calendar. 



CHAKGES MISUSE OF NAME. 

 The McElrath Tire & Rubber Co., Ravenna, Ohio, has been 

 granted a temporary injunction by Judge A. S. Cole, under $5,000 

 bond, against The McElrath Building Co., of the same town. 

 It charged that the use of the name "McElrath" by the defendant 

 company was an artifice intended to defraud both the plaintiff 

 company and the public, there being no person of that name con- 

 nected with the defendant company. 



TUFFORD HEEL PATENT AGAIN SUSTAINED. 

 In an opinion handed down last month by United States Dis- 

 trict Judge .Arthur L. Brown, the I. T. S. Rubber Co., of Elyria, 

 Ohio, is sustained in its infringement suit against the United Lace 

 & Braid Manufacturing Co., of Rhode Island. The action was 

 brought in the Federal Court of Rhode Island some months ago. 

 The plaintiff alleged that the defendant was infringing on its 

 reissued latters patent No. 14.049 of January 11, 1916, in the 

 manufacture of rubber heels. Judge Brown in his opinion de- 

 clared : "I am of the opinion that claims five, six, and seven of 

 the Tufford patent in suit are valid and infringed, and a draft 

 decree may be presented accordingly." 



CUSTOMS APPRAISER'S DECISIONS. 



No. 43,624. Protest 851,889 of William Wrigley, Jr., Co. 

 Chicago.) Chicle.— Held that dessicated chicle is properly 

 classified as refined, and held dutiable at 20 cents a pound. 

 (Treasury Decisions. Vol 38, No. 12, March 18, 1920.) 



No. 43,670. Protest 851,879 of G. W. Sheldon & Co. (Chi- 

 cago.) Chici-E. — Dessicated or dried chicle is properly classified 

 as refined, and dutiable at 20 cents a pound, not at 15 cents a 

 pound as crude chicle. (Treasury Decisions. Vol. 38, No. 15, 

 April 22, 1920.) 



No. 43,694. Protest 933,528 of G. Amsinck & Co. (New York.) 

 Gum Chicle by similitude (on authority of Treasury Decision 

 38,382) is declared not dutiable at 20 cents a pound, but dutiable 

 at 10 per cent ad valorem. (Treasury Decisions. Vol. 38, No. 

 17, May 6, 1920.) 



No. 43,690. Protest 932,747 of The Rubber Association of 

 .\merica. Gum Cauchillo, invoiced as balata and classified by 

 similitude at 15 cents a pound, is held properly dutiable at 10 per 

 cent ad valorem. Treasury Decisions. Vol. 38, No. 17, May 6, 

 1920.) 



No. 43,769. Protest 933,383 of Clauss Portenoy Co., New York. 

 Crude Chicle. — Chicle gathered as sap and subjected to no 

 other process than boiling, to bring about coagulation, and sun- 

 dried. Held to be crude and dutiable at 15 cents per pound. 

 (Treasury Decisions, Vol. 38, No. 23, June 17, 1920.) 



No. 38,382. Protest 931,382 of Rubber Association of America 

 et al. against assessment of duty by the collector of customs at 

 New York ; reversed in part. Board of United States General 

 -Appraisers. 



Gum. — Certain gums invoiced as: crude gum chicle, chicle, 

 Colombia gum, cauchillo, sande, gum colombiana, goma tousle, 

 crude chicle, goma sande, colombiana, and goma chicle, w-ere 

 assessed at 15 cents a pound, as if they were chicle, under the 

 similitude clause of paragraph 386 of the Tariff Act of 1913. 

 Held that they are not similar in inaterial, quality, or texture 

 to the chicle provided for in paragraph 36, and should be classi- 

 lied as non-enumerated unmanufactured articles. (Treasury 

 Decisions. Vol. 38, No. 16, April 29, 1920.) 



Cauchillo Gums. — The Assistant Secretary of the Treasury on 

 May 12, 1920, called upon the Assistant .Attorney General to ap- 

 peal to the United States Court of Customs Appeals against the 

 decision in No. 38,382. (Treasury Decisions. Vol. 38, No. 19, 

 May 27, 1920.) 



United States rs. American Chicle Co. (No. 2,014). — 'United 

 States Court of Customs .\ppeals, March 24, 1920. Decision of 

 Board of United States General .Appraisers (No. 38,152) af- 

 firmed. Crude Chicle. — Chicle conveyed to Canada from Mexico 

 and there reduced to small particles and repacked, has not been 

 advanced in quality or value; it therefore pays only 15 cents a 

 pound duty. (Treasury Decisions. Vol. 38, No. 14, .April 15, 

 1920.) 



••TENAX" ASBESTOS SHEET PACKING. 



To enable shop owners to make their own gaskets, one manu- 

 facturer has provided 

 asbesto> packing press- 

 ed in sheets 50 by 50 

 inches, ranging in 

 thickness from 1/32 to 

 's inch, besides one 

 special 1/64-inch sheet 

 which IS black graph- 

 ited The standard col- 

 or is b'ue and is known 

 . ^^ as "the original blue 



X> *<'rFNAYS <rT ^'^^'^^" "Tenax" com- 



^^^ \l LflAA/ \^ pressed asbestos sheet 



^ -^ \ ^« -^ -^ ^^ packing is intended for 



use on the engines of 

 automobiles, gas en- 

 gines, trucks, tractors, 

 etc It is claimed for it 

 that It will resist ex- 

 tremely hot temperatures, trims easily, requires no following up, 

 and does not squeeze out of the joint or "fry" under high 

 temperatures. (Advance Packing & Supply Co., 78 East Lake 

 street, Chicago, Illinois.) 



