Case No. 5,221.

GARDNER v. BAILEY.

[Codd. Trade-Marks, 131; Cox, Manual Trade-Mark Cas. 206.]

Circuit Court, D. Pennsylvania.

1871.

TRADE-MARK—INFRINGEMENT.

[A trade-mark for seamless bags, consisting of the word “Stark” over a semicircular arch with the letter A below, is infringed by a like device, except that the word “Star” is substituted for “Stark.”]

The plaintiffs, owners of the Stark Mills, manufactured seamless bags bearing the word. “Stark” over a semicircular arch with the letter A below. The defendants made and sold similar goods with the word “Star” over a semicircular arch with the letter A below.

THE COURT enjoined the defendants, and a jury subsequently gave a verdict in favor of the plaintiffs for damages.

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