Hostetter v. Vowinkle
U.S. Circuit Court for the District of Nebraska
Bill in equity for an injunction and relief. The plaintiffs, David Hostetter and George W. Smith, are the proprietors and manufacturers of “Hostetter’s Celebrated Stomach Bitters,”, at Pittsburg, Pennsylvania, and the defendants, three in number, are residents of Omaha, in Nebraska. The bill charges an infringement of the plaintiffs’ trade mark, invented and adopted to distinguish these bitters, and asks for an injunction and for damages.
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Bill in equity for an injunction and relief. The plaintiffs, David Hostetter and George W. Smith, are the proprietors and manufacturers of “Hostetter’s Celebrated Stomach Bitters,”, at Pittsburg, Pennsylvania, and the defendants, three in number, are residents of Omaha, in Nebraska. The bill charges an infringement of the plaintiffs’ trade mark, invented and adopted to distinguish these bitters, and asks for an injunction and for damages. The bill avers that the defendants, in Omaha, adopted and used . for n time, bottles, labels, devices, and boxes in exact imitation of the plaintiffs’, and…
1Opinion of the Court
DILLON, Circuit Judge.
The proofs show that as far back as 1853, Dr. Jacob Hostetter and the complainants (one of whom is his son), commenced the manufacture in Pitts-burg, of what is known as “Hostetter’s Stomach Bitters,” and that the business of making and vending these bitters has been carried on by them, and by the complainants, as their successors ever since. These bitters are made after a recipe of Dr. Jacob Hostetter. The annual sales have increased from thirty thousand dollars at first, until *547they reached, in 1869, the sum of over one million dollars. These bitters are extensively…
2Cases cited7 opinions
- Amoskeag Manufacturing Co. v. SpearThe Superior Court of New York City · 1849
- Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
- Filley v. FassettSupreme Court of Missouri · 1869
- Gillott v. EsterbrookNew York Supreme Court · 1867
- Hostetter v. FriesU.S. Circuit Court for the District of Southern New York · 1883
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- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- El Modello Cigar Manufacturing Co. v. GatoSupreme Court of Florida · 1889
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