Rising Moon Stove Polish;", (Morse lC Apollinaris Water" and lC London ApbUinaris Water," in differen,tki'nds of bottles and different kindS blbe1tl· .(Apollind1"iJJCo. v. NO'I"i'iAh, 33 LawT. [N; S.] 242.) In Amoskeag Manuf(1 Co. v. Spear. 2 Sandf. 608, it was said: .. An injunction ought to be granted whenever the design of, a person who a trade-mark, be his design apparent or proved. is to impose his own goods upon the public as those of the owner of the mark. and the imitation is Bueb tbattbe success of the design is a .or even pOBsible, consequence.'r A deoree may be prepared finding, that the complainants have a valid trade-mark as aUaKed in their bill,and that defendant has infrinled the same. and for an accounting.
v.W(;frell, 9 Amer. 4w Rev. 868j)
-Stove .Polish" and
HtrtcmNsON etal. v. CoVER'!.
(cCrcuu Court, N. D. IUinoW. June 8, 1-.)
A ti'!Ule-markconsisting of the word KBtar" and the symbol of · ltal', marll:ecl Upon shirts and like artiol!!.. in conneoUol/,withthewoll9.s "Star SlJirts, "and other · words the articlell,. by .the use of·which· mll.rk .the goods have beoome well and favorabl.vknown as "Star Goods," 18 infringed by tile use of the word. KL.one Star... an.d the. lIyml)Ql;of a sin.gle ljtar on similar gOO!lS,.Wherllb.Y' such goods ... . . may ,be soll1 a8 "Star GoQ.4s. .. and purchasera may be deceived into the belief that the are those madeb;y the proprietors of thetrade-marlL ' .
In Equity. Bill by Gardiner S. Hutchinson, Henry B. Pierce, Ira Oole, a.nd Thomas S. Morison against George H. Covert for infringement of trade-mark, praying an lnjunctionand accounting. Decree for com. 'B. F. Watsonand·Oomt1ius V. Smith., for complainants· .Hojhei'T1lR/t& Zei8let'. for defendant.
BLODGETT,District Judge. This case involves the alleged infringement of complainants' star trade-mark,theorigin and title to which are set out in the bill sUbstantially as in the preceding C8se·of SQHTl£ Com.plainants v. BlumMrg, 51 Fed. iRep. 829. The infringement charged against defendant' consillts in the use olthe words" Lone Star," and symbol of a single star on shirts and underwear made or sold by defendant. I am of opinion that the prefiX of the word" Lone" to the word' and symbol ·· Star" in de.t'endant's trade-mark is an infringement of the complainants' star trade-mark, as applied to shirts, underwear, etc. It is a mark and designation of defendant's goods which may give color to the assumed as "Star Shirts," "Star Underwear." "Star right to sell Goods," ete., and thereby deceive ,purchasers and users into the belief that they are buying the genuine complainants' goods. A decree for an injunction and accounting may be entered.
OF NEW ORLEANS NEW OULEANS
CrrY OF (Oircuit Oourt
0/ Appeals, FIfth,
Oircuit. June 20,1892.)
PuBLIC LANDS-SURVEYS-AUTHORITY OF LAND OFFICE.
A surveyor, acting under special instructions based upon an opinion of the secretary of the interior, surveyed an old Spanish grant, and reported the same to the surveyor general. Protests were filed against the survey; but the surveyor general approved the same, and forwarded it, together with the protests and evidence. to the commissioner of the general land office. The latter accepted the survey in part, but reserved the remainder for further consideration, meantime directing the surveyor general to withhOld the 1lling of the triplicate plats from the local land office. .The matter was then referred to the secretary of the interior, who held that the survey did not comply with the decision of his predecessor, and directed a new survey. Held, that the action of the surveyor general and the commissioner did not exhaust the authority of the land department, but that the matter was still lawfully pending therein, and the courts, therefore, had no authori' y to enjoin the obliteration of the old surveyor the making of the new one. 49 Fed. Rep. 12, affirmed.
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. In Equity. Bill by the city of New Orleans against Ruffin B. Paine, a deputy surveyor, to enjoin the obliteration of an old survey and the making of a new one directed by the secretary of the interior. An injunction was denied and a temporary restraining order dissolved. 49 Fed. Rep. 12. Complainant appeals. Affirmed. J. L. Bradford, for appellant. Wm. Grant, for appellee. Before PARDEE and MCCORMICK, Circuit udges, and LOCKE, District Judge.
MCCORMICK, Circuit Judge. The appellant is the owner of certaip lands on the left bank of the Mississippi river, abou t 50 miles above New Orleans, embraced in a grant made by the French authorities on the 3d of April, 1769, to one Dupard. The land was described in the grant as having "30 arpens of front to the river, upon the whole depth which shall be found unto Lake Maurepas." The front of the grant was increased to 40 arpens, which is accounted for by the action of the river increasing the arc of the bend. The authorities of the land department have unifdrmly recthe grant as a completed grant of former governments; and no substantial difficulty has been encountered in fixing its front on the river, and the direction of its side lines, following the rule that has obtained in the survey of riparian grants in Louisiana, that side lines shall be extended at right angles to the general course of the bank at the points from which they depart. The front of this grant being on the convex side of a bend of the river, the side lines rapidly diverge; the course of the upper or .western line being N.· 27° 48' W ·· and the course of the lower or eastern line being N., 17° 10' E. But much contention and 'difficulty, and diversity of views by various officials of the land departv.51F.no.13-53