Par. 6. Since October, 1906, and until the year 1928, respondent generally used the label carrying the words:
ONE GALLON
GRAPICOIMITATION
GRAPE CONCENTRATE
ARTIFICIALLY FLAVORED AND COLORED
The printed word “Grapico” on this label is several times the size of the printed words “Artificially Flavored and Colored” and the words “Grape Concentrate” are approximately four times as large as the word “imitation.” This label was used by respondent on its bottles in which it shipped “Grapico” concentrate in interstate commerce.
In 1928 the respondent learned of an investigation being carried on by the Federal Trade Commission. It then adopted and is now using the following label on bottles containing “Grapico” concentrate:
IMITATION
GRAPE CONCENTRATE SYRUP
ARTIFICIALLY FLAVORED AND COLORED
The words “Grape concentrate syrup” appearing on this label are about five times as large as the words “Artificially flavored and colored” and about three times as large as the word “imitation.”
When Grapico was shipped in barrels by respondent, prior to October, 1926, the following words were stenciled upon the same:
IMITATION
GRAPE SYRUP
GRAPICO
NATURALLY GOOD
SYRUP
Pan-American Manufacturing Company
Mfg.
New Orleans, Louisiana.
At times, the word “Grapico,” standing alone, has been stenciled on Grapico syrup which was shipped to respondent’s customers residing outside the State of Louisiana.
In the month of July, 1927, one R. R. Rochelle, a customer of respondent who makes a beverage from “Grapico” concentrate and sells the same under the name “Grapico” and who conducts his bottling business under the name and style of Grapico Bottling Works at Birmingham, Ala., caused to be erected at the State fairgrounds in said city, a stand or booth from which he dispensed and sold the finished beverage “Grapico” during said fair time of said
