Hostetter Co. v. Conron

Citations

• 111 F. 737
• 1901 U.S. App. LEXIS 4989

Syllabus

<p>Unfair Competition—Fraududent Imitation—Sufficiency ob’ Evidence.</p> <p>A preponderance of tlie testimony showed that defendant manufactured bitters, and sold the same in bulk as I-Iostelter’s Bitters, which were manufactured only by complainant in accordance with a secret formula, and advised purchasers to put the same in empty Hostetler bottles, which evidence was’ re-enforced by testimony of a statement made by defendant’s employe that he manufactured the bitters sold by defendant in imitation of complainant’s, and by the fact that dofenda,nt failed to produce such employe as a witness, without any adequate excuse. UeW, that such evidence was sufficient to sustain complainant’s charge of fraud and unfair competition.1</p>