Moxie Co. v. Bagoian

Citations

• 197 F. 680
• 1912 U.S. Dist. LEXIS 1477

Syllabus

<p>1. Trade-Marks and Trade-Names (§ 72*) — Unlawful Competition — Containers.</p> <p>Complainant, as part of an advertising campaign for the sale of a beverage called “Moxie,” furnished to dealers, for use in selling the same glasses in which the word “Moxie” was prominently blown. Defendant having received some of these glasses later began to sell a competing beverage therefrom. Hetcl, that such use of complainant’s glasses was wrongful, and that it was entitled to an injunction restraining the same.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 83; Dec. Dig. § 72.*}</p> <p>2. Trade-Marks and Trade-Names (§ 101*) — Unlawful Competition — Costs.</p> <p>Where, in a suit to restrain the sale of a beverage in bottles resembling those of complainant, the court found that the resemblance was not sufficient to entitle complainant to a decree on that ground, but that complainant was entitled to an injunction restraining defendant’s sale of a competing beverage in complainant’s glasses,, which was an inconsequential.part of the litigation, costs would not be granted to either party.</p> <p>[Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 115; Dec. Dig. § 101* '</p> <p>Unfair competition in use of trade-mark or trade-name, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper & Bros., 30 C. O. A. 376.]</p>