The bill further alleges that while the complainant has had the sole and exclusive right to the use of said name "S. Anargyros" as a trade-name or trade-mark, the defendant has manufactured and sold, and is now manufac turing and selling, large quantities of cigarettes, upon each of which, and upon the packages and boxes containing the same, it has placed, and is now placing, in plain and conspicuous letters, the name "Anargyros & Co." in imitation of the name "S. Anargyros," as it has been heretofore used by the complainant and the said S. Anargyros, as already stated; that the defendant has put up, and is putting up and packing, the cigarettes so manufactured and marked by the defendant as aforesaid, in boxes and packages in shape and size similar to the boxes and packages in which the cigarettes manufactured by the complainant are put up and packed, and that the defendant has used, and is now using, upon the packages and boxes in which its cigarettes have been and are being put up and packed, trade-marks and trade labels simulating, imitating, and infringing the aforesaid labels and trade-marks of the complainant; that upon the packages and boxes containing cigarettes of a brand described and designated by the defendant as "Egyptian Nemesis," in simulation and imitation of the complainant's brand "Egyptian Deities," the defendant has caused to be placed the following trade label or trade-mark:

[Original was printed in various colors.]

That upon the packages and boxes containing cigarettes of a brand described and designated by the defendant as "Turkish Pets," in simulation and imitation of the complainant's brand "Turkish Trophies," the defendant has caused to be placed the following trade label or trade-mark:

That the cigarettes so manufactured and sold by the defendant, and having said name "Anargyros & Co." upon them as aforesaid, were and are of a quality very much inferior to those manufactured and sold by the complainant, by all of which acts the complainant alleges it has been greatly damaged. The bill was verified by the president of the complainant corporation, in which verification it is stated that he knows the contents thereof, and "that the same is true of his own knowledge, except as to matters therein stated on information and belief, and that as to those matters he believes the same to be true."

Accompanying and in support of the bill, the complainant filed the affi-. davits of George W. Whitaker, E. C. Hull, George W. Little, W. R. Elliott, Jr., R. A. Laherty, Robert Dumphy, and William Quincy.

Whitaker in his affidavit states that he is the vice president of the John Bollman Company, a corporation, which is the distributor of the cigarettes manufactured by the complainant, within the states of California, Oregon, Washington, Arizona, the western portions of Idaho and Nevada, and the Hawaiian Islands; that there is no officer of the complainant residing in the state of California, and that the affiant has been authorized by the complainant to employ counsel to commence suit, and to take any and all steps necessary to the successful prosecution thereof; that, acting under such authority and for that purpose, he procured the affidavits of Hull, Little, Elliott, Laherty, Dumphy, and Quincy, in support of the allegations contained in the bill, and that no officer of the complainant has, nor has the affiant, any personal knowledge of the facts set forth in those affidavits, each of which affidavits he caused to be filed with the bill in support thereof, and of the complainant's application for a restraining order and preliminary injunction.

The affidavit of Hull is to the effect that he is a sales agent of the John Bollman Company, a corporation engaged in the manufacture and sale of cigarettes, and that on or about the 6th day of December, 1907, he called at the cigar stand of one Harris, in San Francisco, and said to Harris, "I see you have a new cigarette," pointing to a lot of "Turkish Pets" cigarettes upon one of the shelves of his stand, which cigarettes are manufactured and sold by the defendant, and that in reply to affiant's remark Harris stated: "Yes; it is an Anargyros cigarette, made by the same people that make Turkish Trophies.'"

The affidavit of Little is to the effect that on the 19th day of November, 1907, he called at the cigar stand of one Morris, in the city of Oakland, and asked the attendant for a "package of Anargyros 25-cent cigarettes," and that the said attendant thereupon handed to him a package of "Egyptian Nemesis" cigarettes.

The affidavit of Elliott is to the effect that he was engaged in the retail cigar and cigarette business in San Francisco, and received on consignment a lot of "Turkish Pets" cigarettes from the defendant, and that the defendant's salesman who took the affiant's order therefor informed him that Anargyros, of the defendant company, was formerly a partner of S. Anargyros. and had formerly made "Turkish Trophies" cigarettes; that affiant ordered said cigarettes of the defendant relying on that statement, and upon the fact that the name of the manufacturer of said "Turkish Pets" was similar to that of the manufacturers of "Turkish Trophies"; that the price of "Turkish Pets" cigarettes is much lower than that of "Turkish Trophies," and that affiant intends to sell said "Turkish Pets" in place of and for "Turkish Trophies" cigarettes.

The affidavit of Laherty is to the effect that on the 6th day of December, 1907, he called at the cigar stores of Hermann Keiser, W. R. Elliott, and of Chambers & Wieman, in the city of San Francisco, and laid upon the counter of each of those places a 10-cent piece, at the same time asking the respective attendants in charge for a package of "Anargyros Cigarettes," and that each of the attendants thereupon delivered to the affiant a package of "Turkish Pets" cigarettes.

The affidavit of Dumphy is to the effect that on the 7th day of December, 1907, he called at the cigar stands of Hermann Keiser, and of Lazarus &