Matzger

The appellee, as plaintiff, obtained in the lower court a decree against the appellants, as defendants, for an injunction and an accounting. The plaintiff sought relief for infringement of three trade-marks, which he applied to articles of confectionery, “Rough Bar,” “Whipped Cream Style,” and “Union Leader.” The court below denied the exclusive right of the plaintiff to use those names as trade-marks, but upon the ground of unfair competition enjoined the defendants from using said labels in the form and manner in which they had used them, and referred the case to a master for accounting.

“ The defendants contend that the differences between the plaintiff’s labels and theirs were so considerable and so marked as to avoid the charge of unfair competition. As to two of the labels, “Rough Bar” and the “Union Leader,” we find the similarity so obvious that little need be said further than to point out their features. The bars of candy sold by the defendants were substantially of the same size as those sold by the plaintiff. The defendants’ wrappers carrying these two labels were similar to the plaintiff’s, the printing thereon was in the same colors, and the lettering was of like…