SAWYER î). HORN. ' 33 �fer to give their customers Horn's goods, if they will take them, as both retail at about the same priee. �It bas been said that the fundamental rule applicable to such cases is that one man has no right to put off his goods for sale as the goods of a rival dealer, and that "he cannot, therefore, be allowed to use names, marks, letters or other indicia hy which he may induce purchasers to believe that the goods which he is selling are the manufacture of an- other person." Peiry v. Traefitt, 6 Beav. 66-73. Atul this principle has been recognized as applicable in cases which were not strictly cases of technical trade-marks by many well considered decisions. �In Williams v. Johnson, 2 Bosworth, 1, decided in 1857 by Chief Justice Duer and Associate Judges Hoffman and Wood- rufï, upon appeal to the general term of the supreme court of New York, without deeiding whether or not the complain- ant was entitled to the use of the words "Geuuine Yankee Soap," which he claimed as his trade-mark, the court held that tho imitations of the size, shape, style, labels and sub- stantial appearance of the complainant's goods by the defend- ant was a fraud, and that hewas entitled to protection, and decreed that the defendant should be enjoined from using the jabels, devices and hand-bills which he had been using, and from using any other similar ones, calculated to deceive the public or create the belief that the soap sold by the defend- ant was the soap made and sold by the complainant. �Croft V. Day, decided in 1843, (7 Beav. 84,) was not a case of trade-mark strictly, but of the use by two persons, one iiamed Day and the other named Martin, composing a new firm of Day & Martin, of boxes and labels for putting up blacking similar to those which had been for many years used by an oid firm of Day & Martin. In giving the reaBons for his decision Lord Langdale, the master of the rolls, said : "The accusation which is made against the defendant is this : that he is selling goods under forms and symbols of such a nature and character as will induce the public to believe that he is selling the goods which are manufactured at the manu- �T.l,no.l — 3 ��� �
