110 F. 524 | U.S. Circuit Court for the District of Northern California | 1901
This is a suit in equity, brought by the complainant, a Pennsylvania corporation, against the defendant, a citizen of California, to enjoin him from manufacturing, selling, or offering for sale, directly or indirectly, any article of stomach bitters as and for, or in the name of, “Hostetter’s Celebrated Stomach-Bitters,” “Hostetter’s Bitters,” “Plostetter,” “Host,” or “H. Bitters,” or from using in any way any of said names in connection with the selling of any article óf stomach bitters not manufactured by complainant. It is alleged that the complainant, on May i, 1889, acquired by purchase the right to make and sell the compound known by the above names, and has the exclusive right to the name “Hos-tetter,” and the abbreviations thereof, as used in connection with the
With regard to the first contention of the defendant, whether the names by which complainant’s preparation are known to the trade are merely descriptive or not, the complainant’s rights to the benefits arising from the high reputation of the preparation designated by such names, gained by the efforts of complainant and its predecessors through many years, is undoubted. It is a fundamental principle of the law that one cannot make use of a reputation which another has acquired in a trade name or mark for the purpose of deriving such advantage in the manufacture and sale of the goods as arises from the good will and reputation of the original manufacture. Courts demand a high order of commercial integrity in the use by competitors of a name under which a rival has gained a business reputation, whether that name is strictly a trade-mark or is descriptive of quality merely, and frown upon all filching attempts to obtain the reputation
And with regard to defendant’s second contention, that the complainant’s preparation'is of no value whatever, save as an intoxicating beverage, this statement appears to come at a rather late hour, considering the number of years it has been before the public and the numerous lawsuits in which it has been involved, wherein such a proposition would undoubtedly have arisen and been determined, if meriting attention.' The fact of its being alcoholic to a certain extent cannot be unknown to the public, as the very word “bitters” can only be defined as “a liquor, generally spirituous, in which bitter herbs or roots are steeped.” While the precise formula is claimed as a trade secret by complainant, analyses show the preparation to contain certain solid extracts having medicinal properties. Experts upon any subject are prone to conflicting opinions in this day of evolving