File:Fig Sultana package with swastika label of Pacific Coast Biscuit Company. Page 221 of "Trade mark litigation" (1915).jpg

English: Fig Sultana, biscuit/cracker package design with a red label (Swastika Eed-end Seal) showing the swastika trade mark of Pacific Coast Biscuit Company, USA, c. 1914

Image from Trade mark litigation. Opinions, orders, injunctions and decrees relating to unfair competition and infringement of trade marks, a book published in 1915 about the legal conflict between the National Biscuit Company (later named Nabisco, the complainant) and the Pacific Coast Biscuit Company (the defendant), two cracker and biscuit baking businesses in the United States, over similar looking labels on their packages:

In 1907 (...) a red-end seal termed Swastika Eed-end Seal, with clipped corners and white line markings upon a back-ground of red exactly the same shade as the complainant's seal and which is the infringing seal complained of, was substituted. It is described in the record as a symbol of prehistoric origin, emblematic of a beneficent Deity, eternal life, benediction and blessing, good wishes and good augury, and was and is used by Indian basket makers and blanket weavers, potters, and silversmiths, and is known as the Navajo Indian cross, and was well known and in use as a religious emblem in India fifteen centuries before the Christian era. Like the complainant's "In-er-seal" it is being used by the defendant on both ends of paper-cartons of identically the same size and shape as the complainant's cartons. The two labels, the "In-er-seal" and the "Swastika" differ only in their markings. (...) but when the defendant's seals are applied to the end of cartons resembling, as to size, shape, wrapper application, and euphony of coined names, the similitude is striking, and when thus associated is of a character calculated to mislead and deceive the unwary and unsuspecting purchaser..

• In 1907 Pacific Coast began using a red swastika trademark in its marketing. In the early 20th century, swastika references in Pacific states were not unknown: for example, in 1914 the first cinema in Sausalito, California, opened under the name "Swastika Theatre". Pacific Coast's packaging was designed to mimic that of Nabisco, and Pacific Coast's swastika was similar in color and placement to Nabisco's in-er-seal trademark, although it did not resemble the shape of Nabisco's trademark.[
• In 1914 Nabisco sued Pacific Coast in federal court for unfair competition and trademark infringement. The court found that Pacific Coast had engaged in unfair practices and issued an injunction barring the company from marketing several brands that were packaged similar to those of Nabisco, and the court ordered Pacific Coast to stop using its red swastika trademark. As a result of the court decision, Pacific Coast altered its packaging and redesigned its swastika. In 1930 Nabisco purchased Pacific Coast Biscuit Company and continued to operate its brands, and the swastika was replaced by Nabisco's in-er-seal logo.
• Busy Beaver Button Museum: In 1898, Uneeda Biscuits were the first product to be packaged using the In-Er Seal system. The design consisted of a cardboard box and waxed inner wrapper to "seal in the freshness" of baked goods. At the time, this was a major improvement. The biscuits and their innovative packaging mark the first product release of the newly created National Biscuit Company (N.B.C., but later Nabisco).

Identifier: trademarklitigat00nati
Title: Trade mark litigation. Opinions, orders, injunctions and decrees relating to unfair competition and infringement of trade marks Year: 1915 (1910s)
Authors: National Biscuit Company
Subjects: Trademarks -- United States
Publisher: New York
Contributing Library: University of California Libraries
Digitizing Sponsor: MSN

Please note that these images are extracted from scanned page images that may have been digitally enhanced for readability - coloration and appearance of these illustrations may not perfectly resemble the original work.