﻿72 
  History 
  op 
  Durham. 
  

  

  The 
  Commissioner's 
  opinion 
  is 
  as 
  follows, 
  obiter 
  dicta 
  alone 
  

   being 
  omitted 
  : 
  

  

  Leggett, 
  Commissioner 
  : 
  — 
  Blackwell 
  obtained, 
  October 
  3, 
  

   1871, 
  the 
  registry 
  of 
  the 
  following 
  as 
  a 
  trade-mark: 
  "Dur- 
  

   ham 
  Smoking 
  Tobacco, 
  manufactured 
  by 
  W. 
  T. 
  Blackwell, 
  

   Durham, 
  North 
  Carolina." 
  December 
  G, 
  1871, 
  Armistead 
  

   applied 
  for 
  tlje 
  registry 
  of 
  the 
  following 
  as 
  a 
  trade-mark 
  : 
  

   " 
  Durham 
  Smoking 
  Tobacco;" 
  and 
  as 
  he 
  claimed 
  the 
  exclu- 
  

   sive 
  right 
  to 
  the 
  use 
  of 
  these 
  words, 
  his 
  application 
  was 
  

   placed 
  in 
  interference 
  with 
  the 
  registered 
  trade-mark 
  of 
  

   Blackwell 
  for 
  the 
  purpose 
  of 
  determining 
  who 
  first 
  adopted 
  

   and 
  used 
  on 
  packages 
  of 
  smoking 
  tobacco 
  the 
  words 
  " 
  Dur- 
  

   ham 
  Smoking 
  Tobacco." 
  

  

  Blackwell 
  manufactures 
  his 
  tobacco 
  at 
  Durham, 
  North 
  

   Carolina; 
  Armistead 
  at 
  Lynchburg, 
  Virginia. 
  Armistead 
  

   claims 
  the 
  right 
  to 
  use 
  the 
  label 
  mark 
  under 
  an 
  assignment 
  

   from 
  one 
  Wesley 
  A. 
  Wright, 
  who 
  formerly 
  manufactured 
  

   smoking 
  tobacco 
  at 
  Durham, 
  North 
  Carolina. 
  The 
  evidence 
  

   shows 
  that 
  Wright 
  invented 
  a 
  flavoring 
  compound 
  for 
  smok- 
  

   ing 
  tobacco 
  as 
  early 
  as 
  1860, 
  for 
  which 
  he 
  has 
  since 
  ob- 
  

   tained 
  a 
  patent, 
  and, 
  in 
  company 
  with 
  one 
  T. 
  B. 
  Morris, 
  

   under 
  the 
  firm 
  name 
  of 
  Morris 
  & 
  Wright, 
  manufactured 
  

   smoking 
  tobacco 
  at 
  Durham, 
  and 
  that 
  the 
  tobacco 
  obtained 
  

   some 
  reputation 
  under 
  tlie 
  name 
  " 
  Best 
  Spanish 
  Flavored 
  

   Durham 
  Smoking 
  Tobacco." 
  It 
  is 
  by 
  no 
  means 
  clear, 
  how- 
  

   ever, 
  whether 
  this 
  name 
  was 
  first 
  given 
  use 
  by 
  the 
  manu- 
  

   facturers, 
  or 
  by 
  the 
  merchants 
  who 
  retailed 
  it, 
  or 
  by 
  the 
  

   consumers 
  who 
  bought 
  and 
  used 
  it. 
  This 
  tobacco, 
  on 
  ac- 
  

   count 
  of 
  its 
  flavor, 
  has 
  become 
  a 
  favorite, 
  and 
  the 
  distinc- 
  

   tive 
  words 
  in 
  the 
  name 
  adopted 
  must 
  have 
  been 
  " 
  Best 
  Span- 
  

   ish 
  Flavored," 
  and 
  not 
  " 
  Durham." 
  In 
  1861 
  Morris 
  & 
  

   Wright 
  seem 
  to 
  have 
  dissolved 
  partnership, 
  and 
  Wright 
  

   moved 
  about 
  two 
  miles 
  from 
  Durham, 
  where 
  he 
  continued 
  

   to 
  manufacture 
  smoking 
  tobacco 
  for 
  a 
  few 
  months, 
  and 
  then 
  

   gave 
  up 
  his 
  business 
  and 
  Vv'ent 
  into 
  the 
  rebel 
  army. 
  There 
  

   is 
  no 
  pretense 
  that 
  he 
  resumed 
  this 
  business 
  before 
  1869, 
  

   when 
  he 
  again 
  commenced 
  the 
  manufacture 
  of 
  smoking 
  to- 
  

   bacco 
  at 
  Libert}^ 
  Virginia, 
  using 
  the 
  following 
  brand: 
  

   " 
  Original 
  Durham, 
  W. 
  A. 
  Wright, 
  Originator," 
  the 
  label 
  

   also 
  embracing 
  the 
  representation 
  of 
  a 
  bull's 
  head 
  looking 
  

   to 
  the 
  left. 
  In 
  1870 
  said 
  Wright, 
  in 
  company 
  with 
  J. 
  R. 
  

   Stewart, 
  manufactured 
  smoking 
  tobacco 
  at 
  Stewartville, 
  

   Virginia, 
  and 
  branded 
  it 
  " 
  Durham 
  Smoking 
  Tobacco." 
  

  

  