Mr. Krisel, in his opening remarks, stated that this was a suit for damages and an attempt to restrain defendant from publishing the book in question. He declared that. plaintiffs through their agents had sold the book in the U.S.A. and in all parts of the world and that it was copyrighted under the laws of the U.S.A. and other countries under the International Convention of Trademarks. The number under American registry was 157821 and was procured in 1898. It was alleged that defendants had during 1922 or the beginning of 1923 begun to get out the dictionary, and not having made any reference to the publishers or their agents, proceeded to copy plaintiff's work, further that their prospectus purported to hold out to the public that this edition was Webster's Collegiate Edition with a Chinese translation, and had on the cover almost an exact facsimile of the Merriam trade-mark. He stated that defendants admitted "advance subscriptions' and that the book had been copied ver-ba tim, which "they have amended here in Court." We will prove we are the owners of the trademarks and copyrights and that defendants have infringed them and that they are guilty of unfair trading," said Mr. Krise).
Mr. J. J. Evans, managing director of Edward Evans Sons, Ld., said that' he had known the trademarks of the firm of Merriam Ca. for many years and that he had sold books for them with the trademarks of "Webster" and "Webster's Collegiate Diction-
Text read from the printed page and cleaned; old type leaves the occasional error.