CENTURY DISTILLING CO. v. CONTINENTAL DISTILLING CO.

No. 6833.

106 F.2d 486 (1939)

CENTURY DISTILLING CO. v. CONTINENTAL DISTILLING CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 5, 1939.


Attorney(s) appearing for the Case

Edward S. Rogers, of Chicago, Ill., and Joseph S. Clark, Jr., of Philadelphia, Pa. (Valentine C. Guenther, of Peoria, Ill., of counsel), for appellant.

Thomas G. Haight, of Jersey City, N. J., and Leonard L. Kalish and J. Maurice Gray, both of Philadelphia, Pa., for appellee.

Before DAVIS and BIGGS, Circuit Judges, and KALODNER, District Judge.


KALODNER, District Judge.

The appellant filed a bill in equity under Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, to determine the right of the plaintiff to the registration of two trade marks, the registration of which had been refused by the Commissioner of Patents. The defendant filed an answer and a counterclaim, averring that the trade marks sought to be registered by the plaintiff ("Dixiana" and "Dixie Dew") infringed certain prior registered...

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