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DISTILLERS BRANDS v. AMERICAN DISTILLING CO.

26 F.Supp. 988 (1938)

DISTILLERS BRANDS, Inc., v. AMERICAN DISTILLING CO.

District Court, S. D. New York.

October 13, 1938.

Attorney(s) appearing for the Case

Milbank, Tweed & Hope, of New York City (John A. Kelly and F. Trowbridge vom Baur, both of New York City, of counsel), for plaintiff.

Watson, Bristol, Johnson & Leavenworth, of New York City (D. A. Woodcock, of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The plaintiff brought suit for injunction and accounting of profits because of alleged infringement of trademark and unfair competition. Suit was commenced in the state court and removed for diversity of citizenship.

The plaintiff, a bottler of whiskey, had as a customer King Distributing Company, a concern in the liquor business in Florida. In the fall of 1934 the King Company asked the plaintiff to suggest a distinctive name and...

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