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

Civ. A. No. 1386.

174 F.Supp. 312 (1959)

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

United States District Court D. Delaware.

May 27, 1959.

Attorney(s) appearing for the Case

Aaron Finger (of Richards, Layton & Finger), Wilmington, Del., Melvin D. Goodman, Alan S. Kuller, Alan Burton Lerner (of Chadbourne, Parke, Whiteside & Wolff), New York City, of counsel, for plaintiff.

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

CALEB M. WRIGHT, Chief Judge.

This is a trademark action brought pursuant to 15 U.S.C.A. §§ 1051-1127 commonly denominated the Lanham Act.1 Plaintiff's trademark is "Old Charter" and defendant's "Charter Oak". Both marks are used for whiskey. There are no charges of label simulation or peculiar similarities in advertising.2 Thus, the basis of the infringement is confined solely to the two marks.

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