Am.  Jour.  Pharm.  ) 
September,  1920.  ) 
EditoriaL 
617 
into  the  belief  that  they  are  seUing  the  petitioners'  goods  while 
passing  off  their  own." 
Comments. — All  that  is  required  is  not  to  imitate  the  packages 
of  the  Centaur  Co.,  but  to  offer  the  product  as  Castoria  under  the 
label  and  package  of  the  American  Druggists,  Syndicate,  just  as  would 
be  done  in  offering  fluidextract  of  senna,  or  syrup  of  squill  by  com- 
petitors in  the  manufacture  and  sale  of  these  products. 
"6.  That  the  article  which  the  respondents  are  putting  on  the 
market  as  'Castoria,'  while  very  similar,  is  not  the  same  product  as 
manufactured  by  the  petitioners,  and,  therefore,  cannot  be  truth- 
fully called  'Castoria.'  " 
Comments. — As  already  stated,  the  working  formula  for  the 
manufacture  of  "Castoria"  was  published  by  the  inventor  when  he 
obtained  his  United  States  patent,  and  is  obtainable  from  the  Patent 
Office  for  a  nominal  sum.  If  a  person  skilled  in  the  art  of  pharmacy 
cannot  reproduce  the  identical  article  by  using  this  formula  then  the 
original  patent  was  obtained  by  fraud.  In  that  case  neither  the 
inventor  nor  his  agents  can  go  into  court  with  clean  hands  to  defend 
a  suit  for  infringement.  It  might  be  well  for  the  American  Drug- 
gists, Syndicate  to  investigate  this  phase  of  the  subject. 
FURTHER  COMMENTS  AND  SUGGESTIONS, 
Contrary  to  general  belief  names  cannot  be  copyrighted.  To 
correct  this  misapprehension  the  Librarian  of  Congress  issued 
circular  number  19,  which  reads  as  follows: 
"The  Copyright  laws  contain  no  provision  under  which  pro- 
tection can  be  obtained  upon  a  mere  name  or  title.  Entry  cannot 
therefore  be  made  in  the  Copyright  Office  for  coined  names;  names 
of  articles  of  manufacture;  names  of  games  or  puzzles;  names  of  sub- 
stances, names  of  products,  or  names  of  medicines." 
Neither  can  a  name  be  patented  Its  registration  in  the  Patent 
Office  as  a  trade-mark  does  not  confer  any  right  to  its  exclusive  use 
as  the  name  for  an  article  of  commerce.  Such  registration  serves  to 
give  notice  that  the  name  registered  is  claimed  as  a  trade-mark. 
If  it  is  afterward  used  as  the  name  of  the  article  itself  it  becomes  a 
title  and  not  a  trade-mark. 
The  same  trade-mark  may  be  used  by  as  many  manufacturers 
of  different  brands  of  goods  as  there  are  classes,  for  example  the  word 
"star"  or  the  picture  of  a  star  has  been  registered  for  not  less  than 
four  hundred  classes  of  goods.    As  the  classification  of  goods  in  the 
