﻿60 
  History 
  of 
  Durham. 
  

  

  For 
  Mr. 
  BlackweU,^ 
  the 
  'plaintiff— 
  Messrs. 
  W. 
  & 
  J. 
  W. 
  Daniel, 
  

   of 
  Lyncliburg 
  ; 
  Phillips 
  & 
  Meriimon, 
  of 
  Raleigli; 
  Bouldin, 
  

   Marshall 
  & 
  Bouldin, 
  of 
  Richmond, 
  and 
  Cox 
  & 
  Cox, 
  of 
  

   AVashingtou, 
  D. 
  C. 
  

  

  For 
  defendant, 
  Mr. 
  Armistead 
  — 
  Messrs. 
  Bocock 
  & 
  Davis 
  and 
  

   B. 
  G. 
  H. 
  Kean, 
  of 
  Lynchburg; 
  Jones 
  & 
  Jones, 
  of 
  Raleigh; 
  

   A. 
  H. 
  & 
  R. 
  K. 
  Evans, 
  of 
  Washington, 
  D. 
  0. 
  

  

  After 
  about 
  three 
  da3's 
  spent 
  in 
  able 
  and 
  exhaustive 
  ar- 
  

   gunaent 
  on 
  both 
  sides, 
  the 
  case 
  vras 
  submitted 
  to 
  the 
  court, 
  

   and 
  upon 
  consideration 
  decided 
  in 
  Mr. 
  Blackwell's 
  favor, 
  

   the 
  decree 
  being 
  for 
  an 
  account 
  of 
  all 
  the 
  profits 
  made 
  by 
  

   Mr. 
  Armistead 
  from 
  sales 
  of 
  tobacco 
  under 
  the 
  brand 
  of 
  

   " 
  Duriiam 
  Smoking 
  Tobacco," 
  with 
  a 
  cut 
  representing 
  the 
  

   head 
  of 
  a 
  Durham 
  Bull. 
  

  

  In 
  the 
  Interference 
  between 
  1 
  In 
  the 
  U. 
  S. 
  Pat- 
  

  

  L. 
  L. 
  Armistead 
  and 
  W. 
  T. 
  Blackwell. 
  J 
  ent 
  Office. 
  

  

  This 
  case 
  was 
  first 
  heard 
  before 
  Commissioner 
  Brown, 
  

   who 
  decided 
  that 
  the 
  applicant, 
  Mr. 
  Armistead, 
  was 
  entitled 
  

   to 
  the 
  use 
  of 
  the 
  word 
  " 
  Durham," 
  as 
  a 
  trade-mark. 
  From 
  

   this 
  decision 
  Mr. 
  Blackwell 
  took 
  an 
  appeal 
  to 
  the 
  Commis- 
  

   sioner, 
  the 
  final 
  authority 
  in 
  .the 
  case. 
  The 
  interference 
  

   was 
  elaborately 
  and 
  ably 
  argued 
  on 
  both 
  sides. 
  Mr. 
  Arm- 
  

   istead 
  was 
  represented 
  by 
  the 
  following 
  counsel 
  : 
  Messrs. 
  

  

  A. 
  H. 
  & 
  R. 
  K. 
  Evans; 
  and 
  Mr. 
  Blackwell 
  by 
  Messrs. 
  Cox 
  & 
  

   Cox, 
  and 
  W. 
  W. 
  Leggett, 
  Esq. 
  After 
  a 
  very 
  careful 
  and 
  criti- 
  

   cal 
  examination 
  — 
  a 
  decision 
  having 
  been 
  postponed 
  nearly 
  

   a 
  month 
  — 
  the 
  Commissioner 
  reversed 
  the 
  decision 
  of 
  the 
  

   Examiner 
  and 
  gave 
  judgment 
  in 
  favor 
  of 
  W. 
  T. 
  Blackwell, 
  

   thus 
  substantially 
  acquiescing 
  in 
  the 
  opinion 
  of 
  Judge 
  

  

  ■Rives. 
  The 
  following 
  is 
  an 
  extract 
  from 
  the 
  brief 
  filed 
  by 
  

   Cox 
  & 
  Cox, 
  counsel 
  for 
  Blackw^ell, 
  and 
  fully 
  sets 
  forth 
  the 
  

   merits 
  of 
  the 
  case 
  : 
  

  

  "The 
  substance 
  ol 
  the 
  applicant's 
  (Armistead) 
  preliminary 
  

   statement 
  is 
  as 
  follows 
  : 
  That 
  Wesley 
  A. 
  Wright, 
  a 
  citizen 
  

   of 
  Virginia, 
  having 
  removed 
  to 
  Durham, 
  N. 
  C, 
  commenced 
  

   the 
  manufacture 
  of 
  smoking 
  tobacco 
  in 
  association 
  with 
  T. 
  

  

  B. 
  Morris, 
  under 
  the 
  firm 
  of 
  Morris 
  & 
  Wright, 
  using 
  in 
  the 
  

   manufacture 
  of 
  said 
  smoking 
  tobacco 
  his 
  (Wright's) 
  flavor- 
  

   ing 
  compound, 
  subsequently 
  patented. 
  

  

  