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ANHEUSER-BUSCH, INC. v. BAVARIAN BREWING COMPANY

Nos. 13363, 13364.

264 F.2d 88 (1959)

ANHEUSER-BUSCH, INC., Appellant and Cross-Appellee, v. BAVARIAN BREWING COMPANY, Appellee and Cross-Appellant.

United States Court of Appeals Sixth Circuit.

February 26, 1959.

Attorney(s) appearing for the Case

Edward M. Tritle, Cincinnati, Ohio; John G. Schenk of Des Jardins, Robinson, Tritle & Schenk, Cincinnati, Ohio, on the brief, Albert F. Robinson, of Des Jardins, Robinson, Tritle & Schenk, Richard W. Todd, of Dinsmore, Shohl, Dinsmore & Todd, Cincinnati, Ohio, of counsel, for Bavarian Brewing Co., Inc.

Wallace H. Martin, New York City; Taft, Stettinius & Hollister, Cincinnati, Ohio, on the brief, Walter J. Halliday, Robert Bonynge, New York City, Whitman & Williamson, New York City, Joseph J. Gravely, Dwight D. Ingamells, St. Louis, Mo., of counsel, for Anheuser-Busch, Inc.

Before ALLEN, Chief Judge, and SIMONS and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

The appeal and cross-appeal present issues in respect to the validity of a trademark claimed by the appellee under both State law and the Lanham Act, Title 15 U.S.C.A. § 1051 et seq., contentions of the appellant that the Bavarian Brewing Company's registration is invalid because of fraud upon the Patent Office in securing registration, an estoppel to enforce it, and procedural errors requiring reversal. The Court made careful findings...

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