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GLENMORE DISTILLERIES CO. v. NATIONAL D. PROD. CORP.

No. 4409.

101 F.2d 479 (1939)

GLENMORE DISTILLERIES CO. v. NATIONAL DISTILLERS PRODUCTS CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

January 30, 1939.

Attorney(s) appearing for the Case

Guy B. Hazelgrove, of Richmond, Va. (Williams, Mullen, Williams & Hazelgrove, of Richmond, Va., James H. Gold, of Louisville, Ky., Edward G. Fenwick, of Washington, D. C., and Ralph T. Catterall, of Richmond, on the brief), for appellant.

Thomas B. Gay, of Richmond, Va. (Hunton, Williams, Anderson, Gay & Moore, of Richmond, Va., Breed, Abbott & Morgan, Hugh S. Williamson, Gerald J. Craugh, and Edward A. Craighill, Jr., all of New York City, and Lewis F. Powell, Jr., of Richmond, Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

SOPER, Circuit Judge.

This suit for trade mark infringement was instituted by Glenmore Distilleries Company, owner of the trade mark Kentucky Tavern, as applied to whisky, to enjoin the use by National Distillers Products Corporation of the mark Town Tavern on whisky or other alcoholic beverages. The District Judge rendered an opinion (D.C., 23 F.Supp. 928) in which he held that the similarity of the marks was not such as to be...

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