Hostetter Co. v. Conron

COXE, District Judge.

This is an action to restrain unfair trade. The defendant is charged with having sold a cheap imitation article as genuine Hostetter’s Bitters. These bitters are prepared only by the complainant. They are made by a secret formula. The law applicable to this situation is well settled and need not again be stated. *738Hostetter Co. v. Brueggeman-Reinert Distilling Co. (C. C.) 46 Fed. 188; Same v. Sommers (C. C.) 84 Fed. 333; Same v. Bower (C. C.) 74 Fed. 235; Same v. Comerford (C. C.) 97 Fed. 585. The only question is one of fact. The testimony of the complainant’s witnesses is…