GENESEE BREWING CO., INC. v. STROH BREWING CO.

No. 1560, Docket 96-9566.

124 F.3d 137 (1997)

GENESEE BREWING COMPANY, INC., d/b/a Highfalls Brewing Company, Plaintiff-Appellant, v. STROH BREWING COMPANY, d/b/a Northern Plains Brewing Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 22, 1997.


Attorney(s) appearing for the Case

Richard D. Rochford, Jr., Nixon, Hargrave, Devans & Doyle LLP, Rochester, NY (Harry P. Trueheart, III, James D. Kole, of counsel), for Plaintiff-Appellant.

Ralph T. Rader, Rader, Fishman & Grauer, PLLC, Bloomfield Hills, MI (Paul R. Braunsdorf, Harris Beach & Wilcox, LLP, Rochester, NY, of counsel), for Defendant-Appellee.

Before: NEWMAN, Chief Judge, KEARSE and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge:

This trademark case concerns the right of a brewer to identify its beer with the words "Honey Brown." Beer can be either lager or ale, and in this case, the plaintiff uses the words "Honey Brown" (and others) on its lager product, while the defendant uses the same words (and others) on its ale product. In resolving the appeal, we explicitly endorse the rule that, when a producer creates a new product that differs from an established product...

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