Moxie Co. v. Daoust
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of New Hamphire; Edgar Aldrich, Judge. Suit by the Moxie Company against Daniel Daoust. From a judgment for defendant (197 Fed. 678), complainant appeals.
1Opinion of the Court
BROWN, District Judge.
The Moxie Company makes and sells a beverage well known as “Moxie.” Daoust is a manufacturer of beverages, at Manchester, N. H., and makes a beverage quite similar in color and taste, which he calls “Bo-La.” This is put up in bottles which, in size and shape, closely resemble the Moxie bottle, which is of a distinctive shape for many years associated with the beverage “Moxie.” These bottles were manufactured to order for Daoust. When used for dispensing the beverage over a counter, the resemblance of the bottles is so close that the Bo-1 .a bottle would appear to the…
2Cases cited1 opinion
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
3Cited by12 opinions
- Chickering v. Chickering & SonsCourt of Appeals for the Seventh Circuit · 1914
- United States Ex Rel. Mutual Metal Mfg. Co. v. BiggsDistrict Court, E.D. Illinois · 1942
- Krem-Ko Co. v. R. G. Miller & Sons, Inc.Court of Appeals for the Second Circuit · 1934
- Sarah B. Danning, Trustee in Bankruptcy of the Estate of Samuel N. Sherman, Dba Southern California College of Business, Bankrupt v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- Yellow Cab Co. of New Orleans, Inc. v. JonesSupreme Court of Louisiana · 1924
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