"■ ';, , , ; ■ ■ -■ ., - ■ -"v ■ f ■•;• ,.■•■>. .""f .J '■..•.' ,. 



V • 1 '■ ■ ' . ■■ 



The Florists' Review 



'^■l: '6 



58 



September 7, 1916. 



Vandegrift & Co ,1 



Herwig & Co 19 



Hampton. J. W., Jr., & Co 278 



Thorburn, .1. M., & Co 78 



Baldwin Shipping Co 46 



Foster, "\V 259 



Johnson & MillanR 10 



Wyman, C. H., & Co 116 



American Express Co 178 



American Shipping Co 97 



Boddlngton, A. T., Co 27 



Hampstead, O. G., & Son 143 



Henderson, P., & Co 76 



Stumpp & Walter Co 62 



Sutherland Int'l Dispatch 110 



Kuyper, P. C, & Co 278 



Maltus & AVare 7^ 



Yokohama Nursery Co 17 



Adams Express Co 91 



Sheldon, G. AV., & Co 131 



M. D. T. Co • 43 



Van Waveren, M., & Sons 48 



Total 2,961 



Previously reported 1,322 



Total to date 4,273 



SEED PACKET CUTS AS "ART." 



In the vaunted works of Art, 



The master-stroke Is Nature's part. 



— Emerson. 



A decision of the United States Dis- 

 trict court for the Western District of 

 New York gives the same legal status 

 to a distinctive chromolithograph of a 

 pumpkin as a similarly printed picture 

 of Henry VIII. This conclusion does 

 not rest in any degree on the fact that 

 both subjects are "some punkins," but 

 rather upon the copyright laws of the 

 United States. 



Plaintiff sued to compel defendant to 

 account for infringement of certain 

 copyrighted lithographs of carrots, 

 beets, cabbages, radishes, etc. Defend- 

 ant resisted the suit on the ground that 

 the illustrations were not registered in 

 the Patent Office, that some of them 

 were published without the copyright 

 mark, that they were not the subject of 

 monopoly by plaintiff, and that no dam- 

 ages were shown. Decree was entered 

 in plaintiff's favor. (Stecher Litho- 

 graphic Co. vs. Dunston Lithograph Co., 

 233 Federal Reporter, 601, published 

 August 31, 1916.) 



After reviewing pertinent federal 

 statutes, the court determined that such 

 illustrations fall within the provisions 

 of the law which authorizes copyrights 

 for chromos, and works of fine art, and 

 were not required to be registered in 

 the Patent Office as a mere label. "It 

 makes no difference," said the court, 

 "that the pictures in suit are intended 

 for advertising articles of commerce. 



• • * It is enough that the evidence 

 shows that the pictures in their details, 

 design and combination of lines and 

 colors originated with the complainant 

 and are, in fact, pictorial illustrations 

 or works connected with the fine arts. 

 There is believed to be no force in the 

 contention that the productions in ques- 

 tion were merely printing or labels. 



• * * The Supreme court makes a 

 clear distinction between labels placed 

 upon articles manufactured or sold 

 merely to describe or designate such 

 articles and labels serving some other 

 purpose than simply to advertise the 

 subject to which they are attached." 



Finding that the only illustrations 

 which had been issued by plaintiff with- 

 out notice of copyright were contained 

 on a few sample sheets sent out to the 

 trade and that these did not come to 

 defendant's attention until after the 

 infringement, the court further holds 

 that there was no loss of the copyright 

 for failure to give proper notice of it. 



On the aspect of tne case most impor- 

 tant to seedsmen who use distinctive 

 illustrations, the court concludes: 

 - "The defendant, of course, had an 

 equal right with complainant to make 



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I G 



Sow 

 Now 

 for 

 Fall 





O N E T T E 



FAROUHAR'8 

 UNIVERSAL 



One of the finest 

 varieties for the 

 greenhouse, produc- 

 ing immense flower 

 spikes of reddish 

 green, sweetly 

 scented. The seed 

 we offer was saved 

 for us by one of the 

 largest growers of 

 Mignonette for the 

 Boston market. 



Oz., $1S.00 

 Xw., 8.75 

 yi iz., 2.00 

 1/16 oz.. 1.00 



R. & J. FARQUHAR 

 & COMPANY I 



BOSTON. MASS. i 



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Seeds, Plants and Bulbs 



PAK8T 8XKD, special florists' mixture, extra fine strain 15.00 per ounce 



ICIGNONKTXIE SEKD, giant strain, greenhouse grown 5.00 per ounce 



SNAPDRAGON, KKTSTONE (new), a clear rose-pink winter- blooming variety, ll.OO 

 per packet. 



CTCULMKN 8EKD. English (separate colors) $8.50 per 1000 



▲8PARAGU8 PLUIIOSDS 8EKD, greenhouse-grown t3.60 per 1000; 130.00 for 10,000 



ZVOLANKK'S SWXKT PKA 8EED, a complete list at his prices. 



BEGONIAS- Per 100 Per 1000 



Cliatalalne, 2^-inch, strong tS.OO 115.00 



** extra heavy, 8-inch 8.00 



POIN8ETTIA8, strong 2^-inch (true Xmas type) 6.00 60.00 



RAINBOW FREE8IA8, new and worth while 5.00 40.00 



Strong; Fi«Id-BTO\7n Carnation Plants, best varieties, stock and prices right. Write 

 us for same. 



Write us regarding Fern Flats^ BOSTON. SCOTTII, ROOSEVELT, WHITMANI, 



TSDDT, JR., and other varieties fur immediate or later planting. 



Have you placed your order for IJHnm Gl^wateum, Rubrum, Fonuosum and Album? 



Wa aim to supply the best produced in Japan and invite correspondence regarding 

 our stock. 



Having any trouble with your hose? The MAGIC HOSE— best made— will do away 

 with all your troubles. We handle that brand and no other, ^-inch (2-piy), 15c per 

 foot; %-inch (2-ply), 16c per foot— couplings included. 



Cataloarus for tbe asklns. S«e our Classltted ads. 



S. S. SKIDELSKY & CO., ""*' yH-.i:S'.."pHt v.. 



Mention Tli* Review when yon write. 



chromos or lithographs depicting vege- 

 tables, the identical vegetables with 



which we are herein concerned, and to 

 use them for advertising purposes; but 



