Moxie Co. v. Daoust

ALDRICH, District Judge.

In this case the complainant asks for an injunction upon the ground that the defendant is engaged in unfair competition.

The complainant, through extensive advertising, has built up a very considerable reputation for the beverage known- as Moxie, and it is claimed that their transparent glass bottle, of a novel and distinctive shape, is such that the consuming public recognizes the bottle, in which the color of the contents is shown, and that the defendant’s bottle and the color of the beverage are so like the complainant’s in visual appearance that the purchasing…