pany." The last-mentioned company has also since ceased to exist; but the said Messrs. J. R. & C. P. Crockett have continued and still continue to carry on business as manufacturers of leather cloth in America, in their own names, and their goods are purchased by divers persons, and imported into this country, where they are known and sold as "Crockett's leather cloth."

The respondents, "The American Leather Cloth Company (Limited)," were incorporated in the month of August, 1861, for the purpose of manufacturing and selling leather cloth. They carry on business at No. 5, Noble Street, Gresham Street, in the city of London, and have their manufactory in the Old Kent Road, London, and William Wegelin, who, the respondents alleged, was formerly in the employment of the Crockett International Leather Cloth Company, was their manager at their works there. Upon the establishment of the respondents' company, they had prepared and adopted a stamp or trade-mark for their first-quality goods; a copy of which trademark is engraved-see page 57,--and distinguished as the Respondents' trade-mark.

On the 27th of December, 1861, the appellants filed a bill in the Court of Chancery against the respondents (which was. afterwards amended on the 23rd of May, 1862), and they prayed (amongst other things) that the respondents, their agents, servants and workmen, might be restrained, by injunction, from selling or exposing for sale, or procuring to be sold, any leather cloth or any fabric or article similar thereto, having affixed thereon such stamps or trademarks as the appellants used on their first and second quality goods respectively, or either of such stamps or trade-marks, or any other stamp or trade-mark so contrived or expressed as, by colourable imitation or otherwise. to represent the fabric or article manufactured or sold by the respondents as being the same fabric or article known as Crockett's leather cloth; that the respondents might also, in like manner, be restrained from using, printing or circulating any trade circulars, price-current lists, or advertisements having stamped or affixed thereon the said stamps or trade-marks, or either of them, or any other stamp or trade-mark so contrived and expressed as aforesaid, and from directly or indirectly holding themselves out

to the public as manufacturers or sellers of Crockett's leather cloth.

On the 19th of February, 1862, the respondents filed their answer to the said bill, and thereby stated that the said patent of the 14th of January, 1856, had since become void, and insisted that the appellants. were deceiving the public by representing on their stamps and trade-marks that Messrs. J. R. & C. P. Crockett were the manufacturers of the fabrics or articles manufactured and sold by them, the appellants, and by representing on their said stamps and trade-marks that the fabrics or articles manufactured by them were protected by patent, while they were not so, and also by affixing on untanned leather cloth manufactured by them a stamp or trademark representing it to be tanned leather cloth; and the respondents, by their said answer, also insisted that they had not in any way infringed any rights of property which the plaintiffs were possessed of or entitled to.

The appellants afterwards gave notice of motion for a decree according to the prayer of their said bill; and evidence at considerable length was gone into, both by the appellants and respondents, in support of their respective cases.

It appeared by the evidence of Jean Baptiste Athanase Lorsont, the managing director of the appellants' company, that the appellants affixed the said trade-mark used by them as aforesaid upon the whole of their first-quality goods, whether tanned or untanned, but that they made only about onetenth of their whole produce in tanned cloth.

By the decree of his Honour the Vice Chancellor Sir William Page Wood, dated the 8th of July, 1863, it was ordered that a perpetual injunction be awarded against the respondents, to restrain them, their servants and agents, from selling or exposing for sale, or procuring to be sold, any leather-cloth, or any fabric or article similar thereto, having affixed thereon a stamp or trade-mark with the name of "J. R. & C. P. Crockett & Co." introduced thereon in such manner as, by colourable imitation or otherwise, to represent the fabric or article manufactured or sold by the respondents as being the same fabric or article as that manufactured and sold by the appellants, or as being the fabric or article known as Crockett's leather cloth.