Hostetter Co. v. Gallagher Stores

HOLT, District Judge.

This is a suit to restrain unfair competition in trade. The complainant, the Hostetter Company, has manufactured and sold for many years an' article known as “Hostetter’s Bitters.” It has no patent. It manufactures these bitters under a secret process. The bitters have always been put up and sold in bottles of a certain style and of a size known as “sixes”; that is, six bottles contain a gallon. They are sold in cases containing a dozen bottles at a standard price of $9 a case, or $4.50 a gallon. These bottles have affixed two labels, containing certain pictures and…