A. Bauer & Co. v. Siegert

Citations

• 120 F. 81
• 56 C.C.A. 487
• 1903 U.S. App. LEXIS 4464

Syllabus

<p>1, Trade-Marks — Geographical Name — Angostura Bitters.</p> <p>The word “Angostura,” adopted in 1830 as a name for bitters then manufactured in Angostura, Venezuela, and continuously used since, although the name of the town was changed in 1846, and by which name the bitters have become widely known over the world, and which was registered as a trade-mark in the United States in 1881, is a valid trademark.</p> <p>2. Same — Unfair Competition — Imitation of Packages.</p> <p>Evidence considered, and held to establish unfair competition by defendant, by appropriating the name and imitating the bottles in which Angostura Bitters were sold, and the labels thereon, and in some cases using the bottles which originally contained such bitters as the name and dress of bitters made in Chicago, with the evident purpose of selling such imitation as the genuine hitters made in Port of Spain, Trinidad, and known to the trade by that najne since 1830.</p> <p>¶ 1. Use of geographical names as trade-names, see notes to Hoyt v. J. T. Lovett Co., 17 C. C. A. 657, 31 L. R. A. 44; Illinois Watch Case Co. v. Elgin Nat. Watch Co., 35 C. C. A. 242.</p> <p>¶ 2. Unfair competition, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.</p>