68 
THE NATIONAL NURSERYMAN 
vertising, have been objections to the activities of your 
Office or to you personally. This, I assure you, is not 
the case. I know it is not the case as far as the Execu¬ 
tive Committee, and nearly all the leading members of 
the Association from whom I have heard are concerned. 
Of course, there are some members who are not for 
you, but I do not believe that that percentage is appreci¬ 
ably larger than it was when you accepted the office, and 
I feel sure that when you have presented to the Associa¬ 
tion this coming spring a report of what has been ac¬ 
complished by your office and Mr. Sizemore’s office, 
which is under your supervision, the membership will 
feel deeply indebted to you for the splendid work ac¬ 
complished. 
We all feel that your resignation was undoubtedly 
based on a misinterpretation of the existing feeling of 
the membership, and both for that reason and on the ac¬ 
count of the fact that a change in the Executive Secre¬ 
tary at this time would be most unfortunate, we urgently 
request that you continue to serve as Executive Secre¬ 
tary until the end of the next Convention. At that time, 
the new officers and Executive Committee will have to 
take such action as they see fit. 
Yours very truly, 
Lloyd C. Stark, President. 
Note:— Up to time of going to press, Mr. Stark had re¬ 
ceived no reply from Mr. Watson to this letter.— Editor. 
Soestdijk, Holland, January 20, 1921. 
Editor “National Nurseryman,” 
Flourtown, Pa. 
Dear Sir:— 
Referring to a letter signed W. A. Ritter, you have 
published in your journal of January, I am astonished 
to see that in your country an architect is openly admit¬ 
ting to be dealing in trees. We should call such a man 
here a jobber. A landscape architect in this country is 
considered an artist, he charges for his services, that is 
the designing of the garden. The contractor (usually a 
nurseryman) is the one who plants the garden. The ar¬ 
chitect should have no interest in the price the proprietor 
pays for the trees! If he does we consider it graft. 
Yours truly, 
M. H. Koster. 
STARK RROS. NURSERIES AND ORCHARDS CO. 
UPHELD IN TRADEMARK SUIT 
The Stark Bros. Nurseries is supported by the Supreme 
Court in its allegation that the William P. Stark Nur¬ 
series was guilty of infringements upon the registered 
trade mark, “Stark Trees” and unfair competition in 
the use of the name “Stark.” The Supreme Court up¬ 
held the decision of the United States Court of Appeals 
which limited the damages from the date of formal no¬ 
tice of infringement upon the trade mark, which was 
Aug. 26, 1916. 
The case has attracted attention from time to time dur¬ 
ing the last four years. Stark Bros. Nurseries and Orch¬ 
ards Co. has been located in Louisiana for more than 100 
years and sends its fruit trees throughout the world. It 
originated the “Delicious” apple. William P. Stark, one 
of the Stark brothers, withdrew from the Louisiana cor¬ 
poration in 1912 and founded a nursery at Chester, Mo., 
renaming the town Stark City. He adopted a trademark 
prominently displayed the name “Stark.” 
The original Stark Brothers’ nurseries was supported 
in trial court in its assertion that the display of the name 
“Stark” was a trademark in fringement, that the other 
use of the name “Stark” was unfair competition, and 
William P. Stark was enjoined from those practices and 
the use of the postoffice address, “Stark City.” The Ap¬ 
pellate Court supported the trial court, except that it 
modified an order for damages. The Supreme Court 
now has upheld the Appellate Court. 
Shortly after the decision in the trial court, the Wil¬ 
liam P. Stark Nurseries Co. reincorporated and changed 
its name to the Neosho Nurseries Co. 
NEW YORK STATE NURSERYMEN’S ASSOCIATION 
The annual meeting of the New York State Nursery¬ 
men’s Association was held at Powers Hotel ? Rochester, 
N. Y., February 17th. 
About 75 members were in attendance at the meeting 
and the banquet which followed. 
The following program was carried out:— 
President’s Address 
Address by Mr. C. R. Burr, Manchester, Conn. 
“How should Nurserymen Regulate their Plant¬ 
ings ?”-—Discussion. 
Recess 
Afternoon Session, 1.30 o’clock 
Address by Mr. John II. Dayton, Painesville, Ohio. 
“The Necessity for Maintaining Present Prices in 
the Nursery business, on account of the goods hav¬ 
ing been produced at war time cost.”—Discussion. 
Report of the Joint Committee appointed to endeavor to 
harmonize the various branches of the nursery in¬ 
dustry. 
Mr. Walter F. Webb, for the retailer 
Mr. Allen L. Wood, for the catalogue man 
Mr. John P. Rice, for wholesale trade. 
The following officers were elected for the ensuing 
year: President, C. IJ. Perkins, 2d, Newark, N. Y.; Vice 
Presidents, F. T. Burke, Rochester, N. Y., E. J. Flanagan, 
Geneva, N. Y., John T. Clark, Schoharie, N. Y., W. L. 
Hart, Fredonia, N. Y., Herbert G. Hartman, Dansville, N. 
Y., J. M. Pitkin, Newark, N. Y.; Secretary-Treasurer, C. 
J. Maloy, Rochester, N. Y.; Executive Committee, C. H. 
Perkins, 2d, Newark, N. Y., Horace Hooker, Rochester, 
N. Y., J. P. Rice, Geneva, N. Y., W. J. Maloney, Dans¬ 
ville, N. Y. 
Time for meetings were fixed as follows: Summer 
meeting, first week in September. Annual meeting, 
first week in February. 
C. J. Maloy, Secretary-Treasurer. 
Johnnie—“We have a lilac bush in our yard with red, 
blue and pink flowers on it.” 
Billie—“ I wish I could lilac that.” 
