120 



The Florists' Review 



January 5. 1922 



LIVE WIRE 



Again-Buy Your 

 French Bulbs-Now 



FROM 



Lagarde & Vandervoort 



OLLIOULES, FRANCE 



Permanent American Address: 

 P. O. Hamilton Grange Station 

 Box 38 NEW YORK CITY 



Our representative will be calling on you 



Aug. Lagarde 



J. A. Vandervoort 



samples will be handled in the office 

 there. 



COMPETITOR'S CATALOGUE. 



Court's Attitude Toward Copying. 



Florists, seedsmen and nurserymen 

 who issue illustrated advertisements or 

 catalogues will be especially interested 

 in a review of the decision handed down 

 lately by the Virginia Supreme Court 

 of Appeals in the ease of the Benjamin 

 T. Crump Co. vs. J. L. Lindsay, Inc., 

 107 Southeastern Eeporter, 679. The 

 decision is to the effect that it may be 

 unethical to photograph or otherwise 

 copy pages of a competitor's catalogue 

 as to uncopyrighted and uncopyright- 

 able features, but that it is not such un- 

 fair competition as will entitle the com- 

 petitor to legal redress, where there is 

 no deception of the public and no at- 

 tempt to pass off goods as being of his 

 production. Among other things, the 

 court says: 



"Here it is observed that the griev- 

 ance is the copying of parts of a com- 

 peting merchant's catalogue, which is 

 a mere advertisement, commending 

 goods which both have the right to sell. 

 It is impossible to formulate a general 

 rule or definition from which it may be 

 accurately determined what is fair com- 

 petition and wliat is not, for in the end 

 each case must depend for its correct 

 solution ui)()n its own peculiar facts and 

 circumstances. 



"In 20 Ruling Case Law, 875, unfair 

 competition is thus defined: 'Unfair 

 competition ordinarily consists in the 

 simulation by one person, for the pur- 

 pose of deceiving the public, of the 

 name, symbols or devices employed by a 

 business rival, or the substitution of the 

 goods or wares of one person for those of 

 another, thus falsely inducing the pur- 

 chase of his wares and tliereby obtain- 

 ing for himself the benefits properly bo- 

 longing to his competitor. The rule is 

 generally recognized that no one shall, 

 by imitation or unfair device, induce 

 the public to believe that the goods he 

 offers for sale are the goods of another, 

 and thereby appropriate to himself the 

 value of the reputation which the other 

 has acquired for his own product or 

 merchandise. ' 



"This is a fair statement from Hop- 

 kins on Trade-Marks, Trade-Names and 

 Unfair Competition (3d Ed.), Sec. 2: 

 'Unfair competition consists in passing 



Not Price 



But Quality , itch6me 



FLOWER SEEDS 



Write at Once for Price 

 Bamboo Stakes 



TREE SEEDS 

 T. SAKATA & CO. 



SAKAICHO, YokSgSSfil*l«k JAPAN 



Office : No. 1 KITANAKADORI 

 iTr^unMR YOKOHAMA 



Mention The BeTlew when you write. 



WATKINS & SIMPSON, Ltd. 



have mailed their new illustrated catalogue of Vegetable and 



Flower Seeds to all their customers in the United States. 



Should any of them not receive a copy, they are requested to 



kindly notify the fact to 



27-29 Drury Lane, LONDON, w.c. 2, ENGLAND 



Mention The Review when you write. 



