Moxie Nerve Food Co. of New England v. Modox Co.
U.S. Circuit Court for the District of Rhode Island
In Equity. Suit by the Moxie Nerve Food Company of New England against the Modox Company and others. On demurrer to petition of Frederick B. Thatcher for leave to intervene and defend.
1Opinion of the Court
BROWN, District Judge.
The petitioner, a manufacturer of bottles upon which he holds a design patent, seeks to intervene and become a party defendant to the controversy between the Moxie Company and the Modox Company, which relates to unfair competition in trade and to imitation of complainant’s trade dress. Upon this issue it is immaterial whether the bottles used as a part of the trade dress are patented or unpatented. While it may be true that an injunction against the Modox Company will deprive the petitioner of a customer for his bottles, he cannot be said to have any legal interest in…
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