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CONTINENTAL DISTILLING CORP. v. OLD CHARTER DIST. CO.

No. 10031.

188 F.2d 614 (1950)

CONTINENTAL DISTILLING CORPORATION v. OLD CHARTER DISTILLERY CO. et al.

United States Court of Appeals District of Columbia Circuit.

December 7, 1950.

Attorney(s) appearing for the Case

Leonard L. Kalish, Philadelphia, Pa., for appellant. Albert H. Kirchner, Washington, D. C., also entered an appearance for appellant.

Asher Blum, New York City, with whom Herbert J. Jacobi, Washington, D. C., was on the brief, for appellee Old Charter Distillery Co., Inc.

E. L. Reynolds, Solicitor, United States Patent Office, W. W. Cochran, former Solicitor, United States Patent Office, Washington, D. C., and Walter J. Derenberg, New York City, entered appearances for appellee John A. Marzall, Commissioner of Patents.

Before CLARK, WILBUR K. MILLER and PROCTOR, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

In this case two distillery companies, conceding their registered trade-marks for whiskey to be confusingly similar, are contending for priority. Continental Distilling Corporation, a Delaware corporation, has registration No. 311038 for its "Charter Oak" mark, and Old Charter Distillery Company holds registration No. 321823 for "Old Charter," by assignment from the registrant, Bernheim Distilling Company.1

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