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E. F. PRICHARD CO. v. CONSUMERS BREWING CO.

No. 9293.

136 F.2d 512 (1943)

E. F. PRICHARD CO. et al. v. CONSUMERS BREWING CO.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1943.

Attorney(s) appearing for the Case

Frank Zugelter, of Cincinnati, Ohio, Richard Priest Dietzman, of Louisville, Ky., and Robert M. Odear, of Lexington, Ky., (Keenon, Huguelet & Odear, of Lexington, Ky., on the brief), for appellants.

Frank Zugelter, of Cincinnati, Ohio, and Stanley Chrisman, of Covington, Ky., for appellant Heidelberg Brewing Co.

Sanford A. Headley, of Cincinnati, Ohio, (James G. Headley, of Cincinnati, Ohio, and Joseph J. Bradley, of Lexington, Ky., on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The Consumers Brewing Company was, by the district court, awarded an injunction against the use, by appellants, of a trademark on beer products, known as the "Olde Towne Lamplighter" label, together with a decree for an accounting. The E. F. Prichard Company claims the right to the use of the trade-mark in the territory south of the Ohio river. The Heidelberg Brewing Company acted under contract with the Prichard Company in brewing, bottling...

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