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OLD CHARTER DISTILLERY CO. v. CONTINENTAL DISTILL. CORP.

Civ. A. No. 1386.

138 F.Supp. 473 (1956)

OLD CHARTER DISTILLERY CO., Plaintiff, v. CONTINENTAL DISTILLING CORPORATION, Defendant.

United States District Court D. Delaware.

January 6, 1956.

Attorney(s) appearing for the Case

Aaron Finger (of Richards, Layton & Finger), Wilmington, Del., Charles Pickett and Janet C. Brown (of Chadbourne, Parke, Whiteside, Wolff & Brophy), New York City, for plaintiff.

James R. Morford and Ernest S. Wilson (of Morford & Bennethum), Wilmington, Del., for defendant.

RODNEY, District Judge.

This is an action brought under the Lanham Act1 by the distillers of "Old Charter" bourbon whiskey against the distillers of "Charter Oak" bourbon whiskey. The action seeks (1) an injunction against the use of the trademark "Charter Oak" because it infringes the trademark "Old Charter" owned by the plaintiff; (2) damages because of the infringement; (3) cancellation of the "Charter Oak" registration, and (4) other...

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