^%l?ch:mi™'}      Wholesale  Druggists'  Association.  121 
possibility  of  having  the  decisions  in  which  the  defendant  is  not 
proven  guilty  published  in  a  form  different  from  that  in  cases  in 
which  he  is  convicted,  or  else  that  no  notice  be  issued  in  such  a  case. 
To  return  to  the  report  of  the  Committee  on  the  Prevention  of  Adul- 
teration, the  report  also  contends  that  under  the  operation  of  the 
law,  dealers  are  purchasing  goods  under  a  U.S. P.  label  for  resale, 
even  though  they  know,  or  suspect  that  such  goods  are  not  what 
they  exactly  seem  to  be,  and  that  they  smother  their  true  beliefs 
by  the  expression,  "  What  is  it  to  me  what  the  bottle  actually  con- 
tains, does  it  not  bear  the  guaranty  of  a  reliable  house?"  The 
Committee  contends  that  the  purchasing  departments  can  do  much 
to  prevent  adulteration  by  curbing  this  insidious  tendency.  The 
Committee  believes  that  the  work  of  the  Government  inspectors  em- 
ployed in  inspecting  the  quality  of  important  drugs  has  undoubtedly 
become  more  and  more  effective.    There  is  still,  however,  they  be- 
lieve, a  great  deal  of  inconsistency  in  the  methods  employed  and  too 
strong  a  tendency  to  be  over-technical  in  the  application  of  the  law 
to  cases  where  there  is  obviously  no  sophistication  or  demerit.  It 
will  be  necessary  for  me  to  pass  over  the  details  of  the  balance  of 
the  report,  because  they  are  many  and  would  take  too  long  to  read 
at  this  time. 
The  report  of  the  Committee  on  Trade-marks  contained  much 
of  interest.  The  case  of  the  manufacturers  of  the  "  Keep  Clean 
Brushes  "  against  the  manufacturers  of  the  "  Stay  Clean  Brushes  " 
was  cited,  in  which  it  was  found  that,  though  neither  word  was 
capable  of  being  trade-marked,  because  a  descriptive  word  cannot 
be  trade-marked  under  our  present  law,  nevertheless,  under  the  laws 
of  unfair  competition,  the  manufacturers  of  "  Keep  Clean  Brushes  " 
were  enabled  to  obtain  a  judgment  against  the  manufacturer  of 
"  Stay  Clean  Brushes,''  because  (I  quote  from  the  decision)  "  Where 
the  defendant  has  so  dressed  his  goods  that  they  may  be  mistaken 
for  the  goods  of  the  complainant,  his  motive  in  so  doing  is  either 
honest  or  dishonest;  if  honest,  he  should  stop  voluntarily,  if  dis- 
honest, he  should  be  compelled  to  stop."  The  Committee  called 
attention  to  the  Trade-mark  Law  in  California,  under  the  terms 
of  which  the  manufacturer,  in  order  to  protect  his  rights  within  the 
state,  must  register  his  trade-mark  with  the  state  authorities.  A 
test  case  is  being  brought  to  prove  this  law  unconstitutional,  but  in 
the  meantime  the  manufacturers  are  advised  to  register  their  trade- 
marks in  order  to  fully  protect  their  rights. 
