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CLAYTON & RUSSELL CELEBRATED STOMACH BITTERS - Hostetter & Smith V. S. R. Adams In Feb 18 1882, in the Circuit Court S.D. New York for product infringement the Hostetter’s Company felt that the "Clayton & Russell’s Celebrated Stomach Bitters" bottle was designed to imitate the looks of one of the types of Hostetter’s labels and bottle styles. That the Clayton & Russell’s was manufactured to solely imitate the looks of the bottle and to deceive the customer into believing that they were purchasing the Famous Hostetter’s Celebrated Stomach Bitters . Hostetter’s Company sued over the words "Celebrated Stomach Bitters". They were the sole owners of the label and trademark of the bottle. S. R. Adam’s was the sole proprietor of his company. Below is a photo of this bottle with its original label and contents. This bottle is embossed by the glass manufacture on the base of the bottle. Its reads A & Co. which stands for the John Agnew and Co., Pittsburg, PA. The bottle label reads as follows CLAYTON & RUSSELL’S / CELEBRATED / STOMACH / BITTERS. (Has a picture of a nude man fighting with a two headed animal). Revised Trademark Formula / Alcohol 37 per cent / The Bitters of Clayton & Russell will be found a highly aromatic liquid and entirely free from any injurious substances. The herbs roots and barks used are possessed of active medicinal propitious and are well known. Standard remedies in the medical practice of the day. This preparation will be of great benefit in malarial districts as a reliable invigorant and tonic. Guaranteed by Adams & Co. MFG. under the food and drugs act. June 30th 1906. Serial number 2736. This is a amber square and the height being 8 ½ inches. Below is a Clayton’s Celebrated Rheumatic Bitters and Liniment advertisement – Leisure Hours (Pittsburgh Quarterly), Volume 1, December 1858 – Pittsburgh .
References: The Federal Reporter. 1st. Series Volume 10. Frank & Frank Jr. (Wicker) Bottle Collection. |
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