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HIRAM WALKER & SONS, INC. v. PENN-MARYLAND CORPORATION

No. 175.

79 F.2d 836 (1935)

HIRAM WALKER & SONS, Inc., v. PENN-MARYLAND CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 2, 1935.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, of New York City (Hugh S. Williamson and Gerald J. Craugh, both of New York City, of counsel), for appellant.

Drury W. Cooper, Morris Henry Frank, and Robert S. Dunham, all of New York City, for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This is an appeal from an order granting a temporary injunction restraining the appellant's use of the word "Imperial" as a trade-mark for whisky. The order was based upon the infringement of a registered trade-mark for the word "Imperial" for appellee's product. The court below granted the injunction after issue was joined and upon affidavits. The appellant in selling its whisky has a brand name, "Penn-Maryland Imperial."

Appellee is...

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