Moxie Co. v. Daoust

Citations

• 197 F. 678
• 1912 U.S. Dist. LEXIS 1476

Syllabus

<p>Trade-Marks and Trade-Names (§ 70*) — Unlawful Competition — Moxie.</p> <p>Complainant widely advertised and sold a beverage called “Moxie” in bottles of transparent glass, of a novel distinctive shape, with a metal top holding over the neck of the bottle through pressure. Complainant’s bottle was marked in two places with the words “Trade-Mark,” and was covered by a label having the word “Moxie” thereon, and the figure of a woman with bared arms and a shoulder load of grain, specifying the Moxie Company of New York and Boston as proprietors. Defendant put out a competing beverage called “Bo-La” in a similar bottle, in the body of which was blown the word “Registered,” with the word “Bo-La,” in association with an eagle with spreading wings, and the words “Manufactured by Dan Daoust, Manchester, N. H.,” all blown in the bottle on a sunken base surrounded by a circular-line. The labels on the bottle were different in color and design, defendant’s word “Bo-La” in red being surrounded with red ornamental lines, and the nam'e of the manufacturer and place distinctly set out and prominently surmounted by an eagle, with spreading wings, and arrows in its claws. Held that, though the form of the bottles was practically the same, the distinctive markings, supplemented with the pictorial advertising of defendant’s goods, showed - that he was not intentionally building on complainant’s reputation, and was therefore not guilty of unlawful competition.</p> <p>. [Ed. Note. — For other cases, see Trade-Marks and Trade-Names, Cent. Dig. § 81; Dec. Dig. § 70.*'</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. C. A. 376.]</p>