Van Houten v. Hooton Cocoa & Chocolate Co.

Citations

• 130 F. 600
• 1904 U.S. App. LEXIS 4833

Syllabus

<p>L Unfair Competition — Adoption of Similar Name — Grounds for Injuno-, tion.</p> <p>Complainants'have for many years manufactured in Holland, and for a number of years have widely advertised and sold in the United States, a preparation known as “Van Houten’s Cocoa,” which has attained a high reputation and large sale. Defendant, the Hooton Cocoa & Chocolate Company, was organized in 1897, and commenced the manufacture and sale of cocoa under the name of “Hooton’s” — a man by that name having been a stockholder and the first president, but afterwards severing his connection with the company. There was no imitation of complainants’ packages, nor was there any evidence that the name “Hooton’s” was adopted for any fraudulent or dishonest purpose; but it was shown that it had a tendency to confuse purchasers, and that, in a number of cases, dealers had been deceived into believing defendant’s product to be that of complainants. Held, that such liability to confusion and deception was ground for the granting of an injunction restraining defendants from using the name unless accompanied by a clear statement that its cocoa was not that of complainants.</p> <p>T1. Unfair competition, see notes to Scheuer v. Muller, 20 O. C. A. 165; Lare v. Harper & Bros., 30 C. C. A. 376.</p>