122 



The Florists^ Review 



Jancabt 5. 1022 



off one's goods as the goods of another, 

 or in otherwise securing patronage that 

 should go to another, by false repre- 

 sentations that lead the patron to be- 

 lieve that he is patronizing the other 

 person. It is of vital importance to 

 liealthy business conditions that such 

 competition should be suppressed. It is 

 equally important, however, that fair 

 competition shall not be interfered with. 

 Whether the competitive acts complained 

 of are fair or unfair is the controlling 

 issue in each litigated case.' 



Protection by Courts. 



' ' The courts of equity can certainly 

 be relied upon to extend their protec- 

 tion to the legitimate trader and to 

 protect him from unfair competition, 

 liowever new and subtle the efforts may 

 be on the part of a rival to infringe 

 upon his rights; but they should also be 

 as careful to encourage, and refuse to 

 interfere with, fair competition as they 

 are to restrain unfair competition. 



"In Lamb v. Grand Eapids School 

 Furniture Co. (C. C.) 39 Fed. 475, rival 

 manufacturers of furniture issued simi- 

 lar catalogues. They were manufactur- 

 ing similar furniture, each had the law- 

 ful right to do so, and this is said: 



" 'The manufactures of the complain- 

 ants are not patented. The defendants 

 may lawfully manufacture just such 

 goods. Can they not publish correct 

 illustrations of them as adjuncts of their 

 sale? Ought they to be restrained from 

 doing this because the complainants, 

 having done the same thing, have copy- 

 righted illustrations which, while repre- 

 senting their own goods, represent those 

 of the defendants also? It is clear that 

 the books of both parties are published 

 and used solely as means for advertise- 

 ment. To say that the defendants have 

 not the right to publish correct illustra- 

 tions of their goods must practically re- 

 sult in creating a monopoly in goods 

 modeled on the designs of the complain- 

 ants, and thus give all the benefits to 

 a patent upon unpatented and unpat- 

 entable articles. Sales of merchandise 

 are made largely by samples and when 

 the articles are bulky, as in the case of 

 furniture, illustrations are the only rep- 

 resentations that can be made to the 

 eye of the public at large and it is alto- 

 gether likely that to withdraw the right 

 to make them from one of the parties 

 would put him out of the field of competi- 

 tion. It does not appear to me that such 

 results can be accomplished in this way. 

 It is true, there is an appearance of 

 profiting at another's expense, reaping 

 what another has sown, but I can see no 

 legal ground on which this can be pre- 

 vented.' 



"In the case just cited, it is noted, 

 the defendant, in advertising its own 

 goods, had used illustrations from a 

 I'opyrighted book, while here the cata- 

 logue of the Crump Company was not 

 protected by copyright. 



"In the case of J. L. Mott Iron Works 

 vs. Clow, 82 Fed. 316, 27 C. C. A. 250, 

 the complainant had issued a price cata- 

 logue containing illustrations of its 

 wares, such as washbowls, bathtubs, 

 footbaths, etc., and the court held that 

 :<uch articles could not be the subject 

 of artistic treatment and therefore were 

 not the proper subject of a copyright; 

 hence it refused to enjoin the defendant 

 from copying the designs or cuts found 

 in the catalogue of the complainant or 

 their publication in the catalogue of the 

 ilefendant. 



"So here the differences in the two 



Flower Seeds for Florists 



Calendula Tr. Pkt. 



Meteor, orange striped. .$0.10 

 Oraasre Xing', deep 



orange 15 



Prince of Orange, golden .10 

 Cineraria 



Giant Prize, Semi-Dwf., 



extra 50 



Hybrlda arandifflora 



SteUa 50 



Heliotrope, St. X: 8. Co.'s 



aiant Mixed 25 



Petnnia 



Howard Star 26 



Snowball, Dwarf 25 



Bosy Mom, Dwarf Ex- 

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Oeneral Dodds 26 



Swarf Mixed 25 



OiantB of California 50 



Hnffled Mixed 50 



Choice Mixed 20 



Doable Fring-ed, Mixed. 1.00 



Centanrea 



CandidiaBima, Dusty 



MUler 25 



Oymnocarpa 15 



lOz. 

 $0.25 



.60 

 .36 



1.00 



1.25 

 1.26 



2.00 

 1.25 

 1.00 



.75 



1.50 

 .50 



Salvia Tr. Pkt. 



Splendena, Scarlet $0.25 



Splendens, Zurich 60 



Splendena, Bonfire 60 



Splendena, Fireball 60 



Splendena, St. Louis 60 



Splendena, America 50 



Thnnbergla, Mixed 15 



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Mammoth Purple Man- 

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Mammoth Mayflower 



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Mammoth Scarlet 30 



Mammoth Hlne Shades. .30 



Mammoth Mixed 30 



Floral Clock Mixture, 



ZSx. large 40 



Fine Mixed 15 



lOz. 



$1.26 

 3.75 

 2.60 

 3.50 

 2.60 

 4.00 



.60 



.30 1.25 

 .30 1.25 



1.25 

 1.26 

 1.25 

 1.00 



1.50 



.50 



Vinca 



Rosea 



Bosea Alba 

 Alba Pura . 

 Mixed 



.15 

 .15 

 .15 

 .15 



.75 

 .75 

 .75 

 .65 



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catalogues are so marked that, notwith- 

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Hogewoning & Sons, Inc. 



WHOLESALE 



Bulb Growers and Importers 



299 Broadway, New York City 



which may be justly made upon the 

 iippellee, it cannot be concluded there- 



