or in any manner trading upon the reputation and good-will of your orator and his associates and their predecessors and successors in said Association.

(3) That your Honors will grant a preliminary injunction, to the same purport, tenor and effect, as herein prayed for in regard to the perpetual injunction.

(4) That this defendant may be compelled to account for all the profits, gains, savings and advantages derived or received by it, by reason of the unlawful acts herein complained of; and that this Court may assess or cause to be assessed the amount of damages sustained in the premises by your orator and his associates; and that this defendant may be compelled to pay to your orator as the representative of himself and all his associates in the said order of Carthusian Monks, the profits and damages so ascertained;

(5) That your Honors will grant unto your orator the costs of this proceeding and such other and further relief as the equity of the case may require.

To this end, therefore, that the said defendant may, if it can, show why your orator should not have the relief hereby prayed, and may full, true and direct answer make-but not under oath, answer under oath being expressly waived-according to the best and utmost of the knowledge, information, remembrance and belief of the defendant and of its officers and agents to all the allegations of this bill of complaint, as fully and particularly as if the same were repeated, paragraph by paragraph, and the said defendant and its officers and agents thereto severally and specifically interrogated, may it please your Honors to grant to your orator a writ of subpoena ad respondendum issuing out of and under the seal of this Honorable Court directed to said defendant, Cusenier Company, and commanding it to appear and make answer to this bill of complaint and to perform and abide by such orders and decrees as to this Court may seem just. And your orator will ever pray.

FORM XVI.-BILL TO PREVENT UNFAIR COMPETITION.

[TITLE.]

To the Honorable Judges of the District Court of the United States in and for the Southern District of New York:

1. HENRY DOE, a corporation duly organized and existing under the laws of the State of New York, and having its principal place of business in the City, County and State of New York, and a citizen of said State, and a resident and inhabitant in the Southern District of New York, within the meaning of the constitution and laws of the United States, brings this its bill of complaint against John Doe, a citizen of the United States, and of the State of New Jersey, and a resident and inhabitant of the City of Hoboken, County of Hudson, State of New Jersey, and within the District of New Jersey, and Richard Roe, a citizen of the United States and of the State of New Jersey, and a resident and inhabitant of Jersey City, County of Hudson, State of New Jersey, and within the District of New Jersey, and thereupon your orator complains and says:

2. Your orator is a corporation duly organized and existing under the laws of the State of New York, and engaged in the business of selling in the United States and in foreign countries.

3. Your orator is informed and believes and therefore alleges that the defendant John Doe is a citizen of the United States, and of the State of New Jersey, and a resident and inhabitant of the City of Hoboken, County of Hudson, State of New Jersey, and within the District of New Jersey.

4. Your orator is informed and believes and therefore alleges that the defendant Richard Roe is a citizen of the United States and of the State of New Jersey, and a resident and inhabitant of Jersey City, County of Hudson, State of New Jersey, and within the District of New Jersey.

5. Your orator's business was founded by one Henry Doe, who was the father of the present president of your orator. Henry Doe was the first person to utilize in a commercial way the idea of selling. The business was first started by him in Paris, prior to the, and was established by him in London in and in New York City about

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6. Since the foundation of the said business by the said Henry Doe, as aforesaid, it has continued uninterruptedly in the City of New York up to the present time, and is now in successful operation.

7. By reason of the excellence of the service, and the careful attention which was given to this business by your orator's predecessor Henry Doe, and has since been given to it by your orator, your orator has acquired a very valuable good-will and reputation, which has crystalized round the names "Doe," "Doe's Bureau," "Doe's " and similar

names, in all of which the name "Doe" is the essential part.

8. In or about the year 1902, for valuable consideration, the said Henry Doe duly conveyed, granted, assigned, transferred and set over to your orator, its successors and assigns, the business established and con

ducted by him in New York City, as aforesaid. In this transfer were included all trade-marks, trade names and good-will of the said business

of Henry Doe, and your orator is now the true and lawful owner of all trade-marks, trade names and good-will connected with the business founded by said Henry Doe, and is entitled to all the right, title and interest of the said Henry Doe in and to the names "Doe" and "Henry Doe," and all similar names containing the word "Doe'' as applied to the business.

9. By reason of the very wide attention which this original business of the said Henry Doe attracted soon after it was founded by him, and the efforts of said Henry Doe to advertise the same, the word "Doe" has acquired a distinct and widely recognized secondary meaning, which is in addition to its meaning as the name of a family which bears it as a patronymic; such trade meaning being this, that when it is used by the public in connection with the business, it refers to and designates, not merely a business conducted by some person by the name of Doe, but a particular and distinct business founded by the said Henry Doe, and nothing else, and the public have in general acquiesced and recognized and respected the sole and exclusive right of your orator and its predecessors to the use of the name "Doe" and all similar names in connection with the business.

10. Your orator is informed and believes, and therefore alleges that no person or corporation, except the said Henry Doe, and your orator, ever used the name "Doe" in connection with the business until these defendants entered into competition with your orator.

11. By reason of the care, skill, accuracy and good faith used by your orator, and its predecessor, in conducting the said business, and the confidence which has grown up in said business in the minds of the public, and especially in the minds of thousands of persons who have used its services, and by reason of the expenditure of large sums of money in advertising, a very high reputation was established by the said Henry Doe, which reputation crystalized around the name "Doe," "Doe's Bureau,'

"Doe's

," and "Doe's," and similar names, and which reputation has since been maintained, and which is now the property of your orator, your orator has been and is now popular with the public, and many persons repose great confidence in your orator, as a reliable bureau, and the word "Doe," used in connection with the

busi

ness has become and is in the minds of a large number of persons synonymous with the business of your orator, and nothing else, and this goodwill and reputation is a source of great pride, benefit and advantage to your orators, and is of great value.

12. The defendant John Doe was in the employ of your orator in a minor capacity for some years prior to in or about May, 1916. The defendant Richard Roe was for many years in the employ of your orator, and after the death of Henry Doe became president thereof, and remained as such up to in or about May, 1916. He was a director of your orator for a number of years, and was in active executive charge of your orator's business.

13. Your orator is informed and believes and therefore alleges that the defendants John Doe and Richard Roe have formed a partnership, and are engaged in the business of selling under the name Doe & Roe

in competition with your orator; that the defendant Roe, not the defendant Doe, is the head of the defendant's business and in charge of the same; that the said Doe is connected therewith only in a minor capacity.

14. Your orator is informed and believes and therefore alleges that the name "Doe & Roe," instead of "Roe & Doe" or some other name, is used by the defendants not because the defendant Doe is at the head of the defendant's business or in charge and direction of the same, but for the purpose of causing the defendant's business to be known as "Doe's" or identified by the name "Doe" instead of by the name "Roe," and in order that the defendant's business may be listed in various directories under the name "Doe," thus enabling the defendants to pass off themselves to persons seeking the business long known by the name

"Doe" as and for the plaintiff.

15. Your orator has given to the defendants due and timely notice and warning that the use by them of the name "Doe & Roe' will cause confusion and deceit, and has requested them to stop using this name, and has requested them to, at least, use the name "Roe & Doe," but the defendants have refused so to do, and have threatened to continue to use and are now using the name "Doe & Roe."’

16. By reason of the fact that the defendants are doing business under the name of Doe & Roe, there is a constant confusion in the minds of the public, and in the minds of customers of your orator as to the identity of the defendants, due to the adoption and use of their name as aforesaid, and the business and goods of the defendants have been confused with your orator and its goods.

17. The above mentioned facts are calculated to deceive the public, and the subscribers of your orator, and have actually caused, and still do cause, and will inevitably continue to cause them to confuse the defendants' business with your orator's, and to pass off the defendant partnership as and for your orator, and unless relief is granted in this cause, will continue to cause passing off and deceit, all to the serious damage of your orator. 18. All of the aforesaid acts of the defendants have been done with full knowledge of the rights of your orator in and to the name "Doe," and with full knowledge of the intimate association in the minds of the persons interested in between the name "Doe" and similar names, and your orator and its predecessors, and all such acts have been done without any commercial necessity therefor, and with the fraudulent, unfair and unlawful intent and purpose of creating in the minds of persons interested in the business, the idea that the defendants are in some way connected with, or are a part of your orator's corporation, or are conducting and carrying on the business originally founded by Henry Doe, and of passing off themselves, for their profit, as and for your orator.

19. Your orator is informed and believes and therefore alleges that the defendants threaten and intend to continue their unfair acts, and thus cause your orator irreparable damage, for which your orator has no adequate remedy at law.

20. By reason of the premises, and the fraudulent, wilful and unlawful acts of the defendants as aforesaid, your orator has been and is prejudiced

and injured in its business, and will be seriously and irreparably injured unless each of the defendants are restrained and enjoined from the aforesaid unlawful acts. That the reputation of your orator's business has been and is endangered, and its sales of

by reason of the defendants' acts have been and will be seriously reduced; that it has already sustained great loss and damage, the amount thereof can not be stated with accuracy, by reason, among other things of ignorance as to the quantity of which have been sold by the defendants under

their partnership name as aforesaid.

21. The matter in dispute herein, exclusive of interest and costs, exceeds the sum or value of three thousand dollars ($3,000.00).

22. Your orator has no adequate remedy at law.

23. In consideration of the premises, and for as much as your orator remediless, except in a court of equity, your orator prays: (a) That a writ of subpoena ad respondendum be issued in due form of law, requiring the defendants John Doe and Richard Roe, and each of them, to appear and answer all and singular the matters and things hereinbefore complained of, but not under oath, an answer under oath being hereby expressly waived. (b) That the defendants, and each of them, be decreed to account for and pay over to your orator all profits diverted from your orator, or received by any of the said defendants arising out of the use by the said defendants of the name "Doe & Roe." (c) That the damages sustained by your orator by reason of each of the defendants aforesaid unlawful acts be ascertained, and that your orator have judgment therefore against the defendants, and that each of the said defendants be decreed to pay to your orator the amount of said profits. (d) That the defendants John Doe and Richard Roe, and all of their associates, salesmen, servants, clerks, agents, workmen, employees, attorneys, and every person claiming or holding under or through the said defendants, or in any way connected with their business as aforesaid, be perpetually enjoined and restrained from in any way or manner conducting a busi

ness under the name "Doe & Roe." (e) That each of the said defendants, John Doe and Richard Roe, and all of their associates, salesmen, servants, clerks, agents, workmen, employees, attorneys, and every person claiming and holding under or through the said defendants, or in any way connected with their business as aforesaid, be enjoined and restrained as aforesaid during the pendency of this action.

That your orator have such other and further relief in the premises as may be just, together with the costs of this suit.