﻿76 
  History 
  of 
  Durham. 
  

  

  W. 
  T. 
  Blackwell 
  & 
  Co., 
  ^ 
  Circuit 
  Court 
  United 
  States, 
  

  

  vs. 
  y 
  Eastern 
  District 
  of 
  Virginia. 
  

  

  W. 
  E. 
  DiBRELL 
  & 
  Co. 
  j 
  —In 
  Equity. 
  

  

  This 
  cause 
  came 
  on 
  this 
  day 
  to 
  be 
  heard 
  upon 
  the 
  bill 
  and 
  

   answered 
  with 
  the 
  exhibits 
  and 
  depositions, 
  and 
  was 
  argued 
  

   by 
  counsel, 
  and 
  thereupon 
  the 
  Court 
  doth 
  consider 
  that 
  the 
  

   said 
  complainants, 
  Wm. 
  T, 
  Blackwell, 
  Jas. 
  R. 
  Day 
  and 
  Ju- 
  

   lian 
  S. 
  Carr, 
  trading 
  under 
  the 
  name 
  and 
  style 
  of 
  W. 
  T. 
  

   Blackwell 
  & 
  Co., 
  have 
  the 
  sole 
  and 
  exclusive 
  right 
  to 
  use 
  

   and 
  employ 
  the 
  word 
  Durham 
  to 
  designate 
  and 
  distinguish 
  

   the 
  smoking 
  tobacco 
  manufactured 
  by 
  them, 
  and 
  also 
  to 
  

   use 
  and 
  employ 
  in 
  conjunction 
  with 
  the 
  said 
  word 
  Durham, 
  

   the 
  side 
  view 
  representation 
  of 
  a 
  Durham 
  Ball 
  as 
  and 
  for 
  

   their 
  trade-mark, 
  and 
  that 
  the 
  said 
  respondents, 
  W. 
  E. 
  Dib- 
  

   rell 
  and 
  W. 
  W. 
  Phillips, 
  trading 
  under 
  the 
  name 
  and 
  style 
  

   of 
  W. 
  E. 
  Dibrell 
  & 
  Co., 
  have 
  wrongfully 
  infringed 
  and 
  in- 
  

   vaded 
  the 
  said 
  right 
  and 
  trade-mark 
  of 
  the 
  said 
  complain- 
  

   ants, 
  by 
  designating 
  and 
  distinguishing 
  Smoking 
  Tobacco 
  

   sold 
  by 
  them 
  as 
  Durham 
  Smoking 
  Tobacco, 
  and 
  by 
  using 
  in 
  

   conjunction 
  with 
  the 
  said 
  words 
  the 
  representation 
  of 
  the 
  

   head 
  of 
  a 
  Durham 
  Bull. 
  

  

  Wherefore, 
  the 
  Court 
  doth 
  order, 
  adjudge 
  and 
  decree 
  that 
  

   the 
  said 
  W. 
  E. 
  Dibrell 
  and 
  the 
  said 
  W. 
  W. 
  Phillips, 
  and 
  

   their, 
  and 
  each 
  of 
  their, 
  servants 
  and 
  agents, 
  be 
  and 
  they 
  

   and 
  each 
  of 
  them 
  are 
  and 
  is 
  hereby 
  enjoined 
  and 
  restrained 
  

   from 
  using 
  and 
  employing 
  the 
  word 
  Durham 
  to 
  mark 
  and 
  

   distinguish 
  Smoking 
  Tobacco, 
  and 
  from 
  using 
  and 
  employ- 
  

   ing 
  for 
  the 
  said 
  purpose 
  the 
  representation 
  of 
  the 
  head 
  of 
  a 
  

   Durham 
  Bull,orany 
  other\^ord, 
  symbol, 
  representation 
  or 
  de- 
  

   vice, 
  of 
  acharacter 
  to 
  deceive 
  thepublic 
  by 
  inducingthe 
  belief 
  

   that 
  the 
  Smoking 
  Tobacco 
  sold 
  by 
  them, 
  the 
  said 
  respondents, 
  

   is 
  the 
  same 
  as 
  the 
  Smoking 
  Tobacco 
  manufactured 
  and 
  sold 
  

   by 
  the 
  said 
  complainants 
  ; 
  and 
  it 
  is 
  farther 
  ordered, 
  adjudged 
  

   and 
  decreed 
  that 
  this 
  cause 
  be 
  and 
  the 
  same 
  is 
  hereby 
  refer- 
  

   red 
  to 
  Thomas 
  S. 
  Atkins, 
  as 
  Master, 
  to 
  take 
  an 
  account 
  of 
  

   all 
  and 
  singular 
  the 
  earnings, 
  gains 
  and 
  profits 
  made 
  and 
  

   acquired 
  by 
  the 
  said 
  respondents, 
  by 
  and 
  from 
  the 
  sale 
  of 
  

   Smoking 
  Tobacco 
  marked 
  and 
  designated 
  Durham 
  Smoking 
  

   Tobacco, 
  and 
  marked 
  and 
  designated 
  by 
  tlie 
  representation 
  

   of 
  the 
  head 
  of 
  a 
  Durham 
  Bull, 
  and 
  to 
  make 
  a 
  report 
  to 
  the 
  

   Court 
  here 
  of 
  all 
  and 
  singular 
  he 
  shall 
  do 
  in 
  the 
  premises, 
  

   and 
  that 
  the 
  said 
  respondents 
  do 
  and 
  shall 
  pay 
  to 
  the 
  said 
  

  

  