296 HARVARD LAW REVIEW. and the equity will follow the secret into the hands of all who take with notice ; ^ but when fairly discovered or taken without notice it is free.^ Where one who has become acquainted with the secret stands by and allows another to purchase without disclosing his knowledge, he will be restrained from himself using it.^ In a case where one has received a secret in trust for others and himself, and has used it for his sole advantage, although a sale cannot be -ordered, the court will order its value ascertained for the benefit of the cestuis.^ Contributory Infringement. The law of Unfair Competition recognizes an indirect infringe- ment of a plaintiff's right by assisting or contributing to an in- •fringement by others, as by advising dealers to refill genuine and distinctive bottles with spurious liquor,^ or furnishing an empty distinctive bottle and selling a liquor with which it may be re- filled,^ or printing and selling labels sufficiently like plaintiff's label to cause confusion and fraud ; ^ and a wharfinger who has notice that goods warehoused with him bear a spurious brand, and that the injured party intends to apply for an injunction, is justified in refusing to deliver the goods to the owner pending the motion.^ The equitable doctrine, that the plaintiff must commend himself to the court in order successfully to invoke its aid, obtains in full force in Unfair Competition cases. For example, if the labels of plaintiff's package represent the contents as pure and unadulter- ated, contrary to the fact,^ if they assert a manifest falsehood and physiological impossibility,^^ if they are designed to deceive the public into the belief that the contents are something that they in 1 Morrison v. Moat, 21 L. J. Ch. 284, 2 Estcourt V. Estcourt Hop. Ess. Co., L. R. 10 Ch. 276. 3 Portal V. Hine, 4 The Times L. R. 330; Peabody v, Norfolk, 98 Mass. 452; Salomon v. Hertz, 40 N. J. Eq. 400. 4 Green v. Folgan, i S. & S. 398, s Hostetter v. Brueggemann, 46 Fed. Rep. 188. 6 Hostetter v. Becker, 73 Fed. Rep. 297. "^ Colman v. Crump, 70 N. Y. 573 ; Carson v. Ury, 39 Fed. Rep. 777, 8 Hunt V. Maniere, 34 L. J. Ch. 144. » Krauss v. Jos. R. Peebles Sons Co., 58 Fed. Rep. 585. 10 Kohler v. Beeshore, (C. C. A.) 59 Fed. Rep. 572.
