Legal Opinion

Hostetter Co. v. Bower

U.S. Circuit Court for the District of Southern New York

Decided May 11, 1896PublishedCited by 7 opinions

This was a hill in equity by the Hostetter Company against Simon Bower, for alleged infringement of trade-marks and unfair competition in trade. Final hearing on pleadings and proofs..

1Opinion of the Court

COXE, District Judge.

This cause turns solely upon a question of fact. The bill is based upon alleged unfair competition in trade. The defendant, who is a retail liquor dealer, is charged with fraud in sdling as the genuine bitters of the complainant a cheap imitation thereof manufactured by one Emil Becker. It is alleged that he deceives the public by purchasing the spurious article in large quantities and selling it to his customers from bottles which once contained the genuine Hostetter Bitters and still retain the complainant's labels and trade-marks.

The charge against the defendant is a…

2Cited by7 opinions

  1. Broadcast Music, Inc. v. Havana Madrid Restaurant Corp.Court of Appeals for the Second Circuit · 1949
  2. Avalo Allison Fisher v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  3. Hostetter Co. v. ComerfordU.S. Circuit Court for the District of Southern New York · 1899
  4. Hostetter Co. v. ConronU.S. Circuit Court for the District of Southern New York · 1901
  5. Hostetter Co. v. Gallagher StoresU.S. Circuit Court for the District of Southern New York · 1905

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