Page:Federal Reporter, 1st Series, Volume 10.djvu/851

IIOSTETIER V. ADAMS. 839 �custoTner.5 and consumers of the genuine bitters; ahcl that the de- fendants use the bottles of the plaintiffs, from which the genlaine bit- ters have been used, and pack them in the same manner,,in cases of the same shape, one dozen bottles in each case, in which manner they are sold. The bill prays for an injunction restraining the defendants from using said spurious label, and for other proper relief. The case lias been heard on pleadings and proofs. �The plaintiff's bottleis of dark glass and bas afour-sided body, the sides being of equal size and the faces rectangular. On one side is an engraved label with a white body. This label is substantially as long and as wide as the face of the bottle. Near the top, in four lines, in black, are the words "Hostetter's Celebrated Stomaoh Bitters," one wcrd in each line. The third and fourth lines have letters of the saine size and character, larger than the letters in the first and sec- ond lines. The letters in the first line are larger than those in the second line, and of a different character from them, and from those in the third and fourth lines. The letters in the first line and those in the fourth line each of them form a curve, the convexity of which is upward. The second and third lines are horizontal. The letters in the first, third, and fourth lines are shaded. Underneath the fourth line is a horse without harness vaulting in the air towards the left, with his hind feet on the ground and his fore feet in the air, mounted on his bare back by a naked man, with a helmet on, and a fly- ing robe over his right arm, and in his two hands a spear, with which he is striking at a dragon below him on his left. The open mouth of the dragon is near the left knee of the rider, and the point of the spear is just above that knee. The body of the dragon passes under the horse, and his tail comes around the right hind leg of the horse and nearly reaches the body again. In a fore paw of the dragon, near the end of his tail, appears to be a piece broken off from the head of the spear, The horse bas a flying mane and a sweeping tail. The horse, man, and dragon are dark on a white ground. Below them is a shield, commencing at a little below the middle of the length of the label. The shield has a dark ground. On it are letters printed in white. There are 16 lines of letters. Lines 1, 2, .4, 7, 8, 9, 10, 12, 13, 14, and 1.5 are the same size of type. The reading of the 16 lines, divided into lines, is this : - �<1) "The best evidence of the merit of an article is" (2) «the disposition to.proauceeounterfeits;" (3) "and we regard it as" (4) "the strongest tssti- monyto the value of" (5) " Hostetter's " (.6) " Celebrated Stomach Bitters*' (7) "that^attempts of that description liave" (8) "been frequent. A' due consid-' ��� �