Hostetter Co. v. Brueggeman-Reinert Distilling Co.

The complainant is engaged in the mam hcture and sale of Hostetter’s Bitters, and is the owner of the trade-marks, brands, labels, etc., used in connection with the sale of such bitters. It charges that defendant has sold and intends to sell, “as and for Hostetter’s Bitters,” a spurious article or preparation of bitters, not manufactured by the complainant, with intent to deceive the public, and to deprive the complainant of a portion of its patronage, and of profits that it would otherwise realize by the sale of the genuine article. The proof does not establish that defendant has itself sold…