Lafean v. Weeks , 177 Pa. 412 ( 1896 )

Mr. Justice Mitchell

dissenting.

This is a perfectly clear case of a fraudulent effort of appellants to get a part of plaintiff’s trade by such imitation of his boxes, labels, lettering, coloring, etc., as will deceive and mislead intending purchasers. It is an effort which equity ought and usually does enjoin without reference to the strict doctrine of trade-marks. For this reason I would affirm the decree.

' We concur in this dissent.

Dean, J.,

Fell, J.