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ANHEUSER-BUSCH v. DU BOIS BREWING CO.

No. 9527.

175 F.2d 370 (1949)

ANHEUSER-BUSCH, Inc. v. DU BOIS BREWING CO.

United States Court of Appeals Third Circuit.

Decided May 12, 1949.

Rehearing Denied July 27, 1949.

Attorney(s) appearing for the Case

Elder W. Marshall, Pittsburgh, Pa. (John C. Bane, Jr., Sherman T. Rock, and Reed. Smith, Shaw & McClay, Pittsburgh, Pa., Leo R. Brockbank, Du Bois, Pa., on the brief), for appellant.

Wallace H. Martin, New York City (Alter, Wright & Barron, Pittsburgh, Pa., attorneys for plaintiff-appellee, Minturn De S. Verdi, Walter J. Halliday, and Marion L. Severn, New York City, Alexander J. Barron, and James Milholland, Pittsburgh, Pa., Nims, Verdi & Martin, New York City, and Shepley, Kroeger, Fisse & Ingamells, St. Louis, Mo., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN, and O'CONNELL, Circuit Judges.

O'CONNELL, Circuit Judge.

We are called upon to decide whether or not the district court erred in granting plaintiff ("Anheuser") a permanent injunction against the use of the words "Budweiser" and "Bud" by defendant ("Du-Bois") in connection with beer or any similar or related product.1 The claim of Anheuser is grounded upon its assertion of a common law trade name.2 The parties are in federal court by reason...

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