28 
THE NATION AI 
NURSERYMAN 
TRADE MARK CASE . 
Resume of the Situation—Statement of Wild Brothers’ Position 
As to Action Before Trade Marks Were Registered — 
What Might Have Been Done. 
The trade mark case in which Stark Bros. Nurseries & 
Orchards Co., Louisiana, Mo., and James B. Wild & Bros., 
Sarcoxie, Mo., are interested, has caused much discussion. 
In its December issue the National Nurseryman clipped 
from a Carthage, Mo., paper the statement that suit had been 
begun by Stark Bros, against Wild Bros, for alleged infringe¬ 
ment of trade mark. It was stated at that time that the 
Stark Bros, claimed that it originated the varieties in question. 
In the next issue of the journal the fact that the case had been 
voluntarily dismissed by the plaintiffs was published. At the 
request of Wild Bros., correcting the former statement it was 
announced that the varieties in question were not originated 
by Stark Bros., as some supposed; also that the Arkanass 
State Horticultural Society had adopted resolutions con¬ 
demning the renaming of Arkansas seedling apples and adopt¬ 
ing the local names by which these apples are known in the 
state; and referring persons interested to Bulletin 49 of the 
Arkansas Experiment station. 
During the time these statements were being made, Stark 
Bros, were not given the opportunity to state their position in 
the whole matter, as they deemed should have been done; 
therefore in the last issue of the journal a communication 
from Stark Bros, was published, giving their side of the case. 
WILD BROTHERS 7 STATEMENT. 
Having given the side of Stark Bros, somewhat at length, 
it is but just that Wild Bros, should state their case more 
fully. We are glad, therefore, to present the following state¬ 
ment : 
Editor National Nurseryman: In the year 1886 at 
Springdale, Arkansas, we first became acquainted with some 
of the many new Arkansas seedling apples, of which Mr. 
Wyatt Coffelt’s exhibit contained at that time the most prom¬ 
ising, and also others of which "Lady Pippin’ 7 (or Richardson 
Red) was one, "Oliver Red, 77 another, (Coss Champion) or 
(Champion Red) or "Collins Red, 77 were with others, among 
what we now recall as being promising. First we propagated 
of the Coffelt collection and later of the other varieties, giving 
Arkansas credit for all her varieties as we procured them. 
As we began to offer some of these varieties in our catalogne 
and price list, others were offering them under other names. 
Later we were given to understand by letters and threats of 
litigation if we continued offering by citing to renames, which 
were claimed to have been trade marked. This occured in 
the latter part of September and early part of October of 1898, 
before there were any registered trade marks on the varieties 
in question. 
We ignored all such letters and threats, having been fur¬ 
nished positive information from an Arkansas nurseryman 
who claimed to be "the first 77 to exhibit, introduce and call 
attention to new prize winning Arkansas apples. 
Since then suit has been brought against us with the result 
as stated in the National Nurseryman of January, 
1904. 
Messrs. Stark Bros., being subscribers to the National 
Nurseryman, should have corrected the statement in the 
January number of the National Nurseryman (and also the 
same statement in the American Florist) had they been so 
minded. But it does not appear in the January number of 
National Nurseryman, and now in the February number 
do they first disavow by saying, "but never claimed to origin¬ 
ate, as stated in your article. 77 Then stating further "on 
these varieties adopted and placed a trade mark or brand to 
designate and distinguish these trees as propagated and 
furnished by our nurseries, from trees propagated and furnished 
by others. 77 Had Stark Bros, taken out trade marks con¬ 
forming to these statements on the varieties in question as 
follows: Stark Oliver (instead of Senator) Stark Collins Red 
(instead of Champion), Starks Reagans Red (instead of 
Black Ben Davis), Starks Beach (instead of Apple of Com¬ 
merce), it would have been apparent to any one that the 
trade mark names indicated the nursery firm that the trees 
were from without further notice. 
a question of nomenclature. 
And in so doing it would not have been so much a means of 
confusing the nomenclature of the varieties, as originally 
known. This they seem to have later discovered as they 
have taken out a trade mark on a variety of grape ," Starks 
Star Grape, 77 although first sent out by the originator, we 
understand, as "Uncle Sam. 77 
Now as to promised assistance "from almost all (nursery) 
firms of recognized standing. 77 Do they favor confusing the 
nomenclature of the already many varieties of fruit that the 
American Bornological Society has been so long in striving to 
straighten out? If so, let them declare themselves. Nor 
would any recognized pomologist of which we here call to 
mind these statements by one as follows: "Renaming is 
especially dangerous if not positively reprehensible, except 
after passing the scrutiny of properly constituted committees 
and meeting their approval. 77 "The American Pomological 
Society and the Division of Pomology, jointly, constitute our 
national authority on all matters of this kind. 77 
Yours respectfully, 
James B. Wild & Bro. 
Those who are especially interested may obtain from the 
West Publishing Co.,, St. Paul, Minn., for 25 cents, the full 
opinion in trade mark cases bearing directly upon this subject. 
In view of the frequent reference to trade marks on fruits, 
etc., these opinions will be of value. 
The firm of C. P. Carpenter & Sons, Winona, Ontario, Canada, has 
been dissolved. The nursery branch will be continued by C. W. F. 
Carpenter, the fruit branch by C. P. Carpenter and T. H. P. Carpenter. 
“How to Make a Flower Garden,” a manual of 370 pages, profusely 
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are of especial value. The appendices alone are of great value to gar¬ 
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M. Rathbone, Patrick O’Mara, W. C. Egan, P. J. Berchmans, Warren 
M. Manning and many others. The introduction is followed by nine¬ 
teen chapters and three appendices. Buckram, 8vo, New York; 
Doubleday, Page & Co. Rochester: Scrantom, Wetmore & Co. 
