FALSTAFF BREWING CO. v. LEMP BREWING CO.

No. 8314.

139 F.2d 26 (1943)

FALSTAFF BREWING CO. v. LEMP BREWING CO.

Circuit Court of Appeals, Seventh Circuit.

December 23, 1943.


Attorney(s) appearing for the Case

Bruce A. Campbell and Roland H. Wiechert, both of East St. Louis, Ill., and Joseph J. Gravely, of St. Louis, Mo., for appellant.

John D. Rippey, of St. Louis, Mo., and Arthur R. Felsen, of East St. Louis, Ill., for appellee.

Before SPARKS, MAJOR, and MINTON, Circuit Judges.


SPARKS, Circuit Judge.

The plaintiff appeals from a decree dismissing its bill of complaint for want of equity. The bill discharged trademark infringement and unfair competition and sought an injunction, accounting, damages and other relief.

The trademarks sued upon are for a distinctive type of shield. No. 40,949 was registered in 1903 by the Wm. J. Lemp Brewing Company for the outline of the shield, to be used for the marking of containers for malt liquors...

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