Moxie Co. v. Noxie Kola Co. of New York, Inc.

LEIBELL, District Judge.

By this motion plaintiff seeks a preliminary injunction in a suit to enjoin infringement of plaintiff’s registered trade mark “Moxie” and to restrain unfair competition by the defendants because of the use by them of the name “Noxie Kola” on a similar and competing product. Plaintiff also seeks to enjoin the use of the word “Noxie” by the defendants as a part of their corporate titles.

Plaintiff, The Moxie Company, is a Massachusetts corporation engaged in the manufacture and sale of a carbonated beverage and a syrup for making the same, under the registered trade mark…