Schlitz Brewing Co. v. Houston Ice Co., 250 U.S. 28 (1919)

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Joseph Schlitz Brewing Company v.

Houston Ice & Brewing Company
No. 326

Submitted April 24, 1919
Decided May 19, 1919
250 U.S. 28

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

A manufacturer of beer cannot claim the exclusive right to use brown bottles with brown labels, but their adoption by a competitor may contribute to a wrongful deception if combined with an imitative inscription.

Held that defendant’s label was so dissimilar to plaintiff’s in shape, script, meaning, and mode of attachment that it could not be said to add appreciably to any deception that might arise from the brown color of label and bottle.

241 F. 817 affirmed.

The case is stated in the opinion.