Societe Anonyme v. Western Distilling Co.

Thayer, J.,

(orally.) The chief contention in this case arises over the refusal of the master to make allowance for certain expenses, in his computation of the profits realized by the defendant by imitating complainant’s labels, brands, trade-marks, etc. I have looked into this matter, *922and reached the following conclusion: That while it is customary in the computation' of profits in this class of cases to make allowance for expenses, yet the expenses so allowed must be expenses necessarily incurred in the unlawful venture, which would not have been incurred but for engaging in such venture.…