SCOTCH WHISKY ASS'N v. MAJESTIC DISTILLING CO., INC.

Nos. 91-2348, 91-2359 and 91-2360.

958 F.2d 594 (1992)

The SCOTCH WHISKY ASSOCIATION, Plaintiff-Appellant, and Andrew Linton Watson, as Colonel of the Regiment, and as Chairman of the Regimental Trustees of the Regimental Trust Fund of the Black Watch, The Royal Highland Regiment, Plaintiff, v. MAJESTIC DISTILLING COMPANY, INCORPORATED, d/b/a Monumental Distilling Company, Defendant-Appellee. (Two Cases) The SCOTCH WHISKY ASSOCIATION, Plaintiff-Appellee, and Andrew Linton Watson, as Colonel of the Regiment, and as Chairman of the Regimental Trustees of the Regimental Trust Fund of the Black Watch, The Royal Highland Regiment, Plaintiff, v. MAJESTIC DISTILLING COMPANY, INCORPORATED, d/b/a Monumental Distilling Company, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1992.


Attorney(s) appearing for the Case

Charles R. Mandly, Jr., Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, Ill., argued (Beverly W. Pattishall, John Thompson Brown, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, Ill., William R. Dorsey, III, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for plaintiff-appellant.

William G. Pecau, Pennie & Edmonds, New York City, argued (Mercer L. Stockell, Catherine H. Stockell, Pennie & Edmonds, New York City, George Beall, Hogan & Hartson, Baltimore, Md., on brief), for defendant-appellee.

Before MURNAGHAN and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.


OPINION

SPROUSE, Circuit Judge:

The Scotch Whisky1 Association (SWA)2 sued the Majestic Distilling Company (Majestic) in district court alleging unfair competition. In the action, SWA also joined appeals from the Trademark Trial and Appeal Board decisions dismissing its opposition and cancellation proceedings against Majestic's use of the trademark BLACK WATCH. The district court granted summary judgment...

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