Bob, I wonder if Cross avoid a trademark infringement lawsuit by not using the actual trademark, which was the fountain, even though the label was a similar.
Unless I missed something, these are the two labels that sparked the Copycat / Infringement controversy. However, before saying more, I find it strange that I have been able to find examples of an actual Cross's bottle label but not an actual label for a Schweppes bottle. The Schweppes label I inserted here was taken from the sign pictured on CanadianBottle's post #125. If someone has a picture of an actual Schweppes bottle label like the one shown here, please share it with us.
The main similarities I see are ...
1. The red bar at the top
2. The [FONT="]Ginger Ale script = Which appears not only similar but identical to me
3. The round, red logos / trademarks in the lower left corner
4. Misc.
I'm not sure how well this Schweppes postcard will appear, but its the ONLY example of the copycat label I have been able to find. When I zoom it in my photo file, both the main label and the neck label have a fountain in the red 'seal' -- It was described as originating from Yorkshire, England, but no date was attributed to it. I don't want to jump to conclusions, but I honestly think it is save to assume that all of these particular labels have a fountain in the red seals. Which takes us back to Shotdwn's question about avoiding a trademark infringement.
Here's a pretty clear picture of one of the Schweppes bottles. It is funny that we can't find a picture of a surviving example, but the picture there confirms that the red circle has a fountain in it.
I also found this interesting: looks like a similar label design was in use pretty recently - 1970s maybe?
This is one of those weird 'snippets' that sometimes comes up in my searches, but it confirms that Schweppes was prepared to, and occasionally did sue someone for label infringement. I haven't fully researched this particular case, and don't know when it took place, but it appears that Schweppes won. But whether Schweppes ever sued Cross's is still the $64 question.