FLEMING Vs. RALLI

JUDGEMENT

(1.) I am of opinion that this injunction was properly granted; but in order to make its meaning more clear, I think the form of it should be slightly modified.

(2.) There is no doubt, I conceive, as to the law of the case; and there is but little difference between the parties as to the actual facts. The difficulty, if there be any, is to ascertain the fair and reasonable inference which we ought to draw from those facts. I propose dealing with the matter at this stage as shortly as I can, in order to avoid prejudicing the defendants' case at the hearing of the cause, when the Court may probably be supplied with fuller materials than it has at present for ascertaining the truth.

(3.) For the present purpose it appears to me sufficiently established that the plaintiffs, Messrs. Nicol, Fleming, & Co. have, for several years past, been selling a particular cloth in the market, which has obtained celebrity there, and become readily saleable; that this cloth is known to the public by certain marks which are described conspicuously upon it, and especially by the number '2008,' which is printed upon each piece in largo figures, and in a particular position and combination; and that the defendants, Messrs. Ralli and Mavrojani, having imported similar cloth obtained from the same manufactory, have had marks impressed upon their cloth in a combination generally resembling that used by the plaintiffs, and especially introducing in a similar position and in figures of the same size and character the number '2008,' avowedly for the purpose of giving their cloth a saleable quality in the market, which it would not otherwise possess. Thus far there is no difference between the parties as to the facts.