Moxie Co. v. Bagoian

ALDRICH, District Judge.

So far as concerns the claim of unfair competition, based upon the ground of visual appearance, and *681the other phases having reference to the manner in which- Bo-La js put upon the market, this case is controlled hy the result reached! in Moxie Co. v. Daniel Daoust, 197 Fed. 678, June 22, 1912.

[1,2] The present case, however, involves an additional phase. The evidence shows that the defendant sometimes served Bo-La jn Moxie glasses, which had been put out by the Moxie Company to him when carrying the Moxie beverage, and in these glasses the word “Moxie” was prominently…