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A. SMITH BOWMAN DISTILLERY, INC. v. SCHENLEY DISTILLERS, INC.

Civ. A. No. 2199.

198 F.Supp. 822 (1961)

A. SMITH BOWMAN DISTILLERY, INC., Plaintiff, v. SCHENLEY DISTILLERS, INC., Defendant.

United States District Court D. Delaware, at Wilmington.

July 31, 1961.

Attorney(s) appearing for the Case

H. James Conaway, Jr., Morford, Young & Conaway, Wilmington, Del., and Henry B. Weaver, Jr., Quinn O'Connell, Hershel Shanks and Weaver & Glassie, Washington, D. C., for plaintiff.

Aaron Finger, and Richards, Layton & Finger, Wilmington, Del., and Milton B. Seasonwein, New York City, for defendant.

LEAHY, Senior District Judge.

Plaintiff, who owns the registered trademark "Virginia Gentleman," has used it since 1937 on its four-year-old, 90-proof bourbon whiskey. It brought this action alleging defendant's use on a similar product of the marks "Indiana Gentleman" and "American Gentleman" constituted infringement under 15 U.S. C.A. § 1114,1 and unfair competition. Plaintiff seeks an injunction against the continued use of these...

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