year. He caused to be erected on the top of said stand or booth, signs advertising “Grapico,” upon which said signs appeared bunches of grapes, a picture of a bottle of “Grapico” with the word “Grapico” thereupon and also with the words: “Drink Sparkling Grapico, Naturally Good.” No explanation was made on these signs that “Grapico” is an imitation, artificially colored and flavored drink. This stand or booth and the said signs appearing on the top thereof were erected without the knowledge or consent of respondent.
Respondent advertises its products in trade journals such as the Carbonator and Bottler and the National Bottlers Gazette, both being magazines of general circulation among the bottling trade throughout the United States. On page 167 of the April, 1927, issue of the Carbonator and Bottler, “Grapico” is advertised in very large conspicuous letters, but no reference is made to its being an artifically colored or imitation drink. The same is true of the May issue of the Carbonator and Bottler. The same is true of the April, 1927, issue of the National Bottlers Gazette.
Commission’s Exhibits 12, 13, and 16 are large yellow signs 18 by 20 inches, upon which appear in very prominent red and yellow letters the words “Drink of the Nation” and “Drink Sparkling Grapico, Naturally Good, in Bottles.” These signs were sent to respondent’s customers who reside outside the State of Iousiana for the purpose of advertising the finished beverage “Grapico.”
Exhibit 14 is a sign 10 by 7 inches bearing the same words as Exhibits 12, 13, and 16, and was sent out to respondent’s customers residing outside of the State of Louisiana for the purpose of advertising the finished beverage “Grapico.”
None of the said signs referred to in the two preceding paragraphs state that “Grapico” is an imitation drink or that it is artificially colored or flavored.
The bottle caps or crowns used in bottling the finished beverage “Grapico” are made by a firm in New Orleans which has no connection with respondent, but when “Grapico” concentrate is sold to a customer outside of the State of Louisiana, the customer is told where such caps can be procured, or if the customer prefers, the respondent orders the same to be shipped to the bottler at the bottler’s expense. Commission’s Exhibits 17 and 18 are samples of these caps. Commission’s Exhibit 17 bears the word “Grapico” in very large letters and the words “Artificially flavored and colored” in much smaller letters. In Commission’s Exhibit 18 there appears the word “Grapico” in very large letters and the words “imitation, color and flavor” in much smaller letters. Commission’s Exhibit 17
