Gibson Distilling Co. v. Netter

Citations

• 62 Pa. Super. 136
• 1916 Pa. Super. LEXIS 373

Syllabus

<p>. Trade-marhs — Unfair trading — Name—Equity—Appointment of master — Accounting.</p> <p>On a bill in equity by a corporation styled the Gibson Distilling Company to enjoin a wrongful use of the name “Gibson” and to restrain unfair trading, a decree is properly entered restraining the defendant from selling a blend of inferior whiskey compounded of wine spirits, whiskey, prune juice and water, under the name of “Gibson’s Cabinet......Whiskey.”</p> <p>In such a case the court may appoint a master to take testimony and report as to the nature and intent of the damage suffered by the plaintiff by reason of the illegal acts of the defendant. Such an appointment does not violate the equity rules of 1894 discontinuing the office of master in chancery, inasmuch as it is within the exception which provides that a master may be appointed “in proceedings where decrees or interlocutory orders are to be executed or their execution supervised by an officer of the court.”</p>