CENTURY DISTILLING CO. v. CONTINENTAL DISTILLING CORP.

Nos. 10716, 10717.

205 F.2d 140 (1953)

CENTURY DISTILLING CO. v. CONTINENTAL DISTILLING CORP. (two cases).

United States Court of Appeals Third Circuit.

Decided June 17, 1953.

Rehearing Denied July 21, 1953.


Attorney(s) appearing for the Case

Joseph S. Clark, Jr., Philadelphia, Pa. (Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., Arthur E. Newbold, III, Philadelphia, Pa., Miller, Westervelt, Johnson & Thomason, Peoria, Ill., Donald G. Beste, Peoria, Ill., on the brief), for Century.

Robert T. McCracken, Philadelphia, Pa. (Leonard L. Kalish, Philadelphia, Pa., Earl Jay Gratz, Philadelphia, Pa., on the brief), for Continental Distilling Corp.

Before BIGGS, Chief Judge, and GOODRICH and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In this trade-mark infringement suit both the adjudged infringer, Century Distilling Company (Century), and the infringed, Continental Distilling Corporation (Continental), appeal. The former would have us hold that it need not account for profits or damages despite the finding of infringement, the latter that its award is inadequate.

Continental, a Delaware corporation, was organized in April, 1933, as a subsidiary of a corporation...

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