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JOHN P. DANT DISTILLERY CO. v. SCHENLEY DISTILLERS, INC.

No. 14549.

297 F.2d 935 (1962)

JOHN P. DANT DISTILLERY CO., Plaintiff-Appellee, v. SCHENLEY DISTILLERS, INC., Defendant and Third Party Plaintiff-Appellant, v. John P. DANT, Jr., Third Party Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 4, 1962.

Attorney(s) appearing for the Case

Milton Handler, New York City, Sidney A. Diamond, New York City, Kaye, Scholer, Fierman, Hays & Handler, New York City, Joseph J. Kaplan, Ben F. Washer, Louisville, Ky., Nichols, Woods, Marx & Ginter, Roy G. Holmes, Cincinnati, Ohio, on brief, for appellant.

Oldham Clarke, Louisville, Ky., McElwain, Dinning, Clarke & Winstead, Louisville, Ky., on brief, for appellees.

Before SIMONS and MARTIN, Circuit Judges, and DARR, District Judge.

PER CURIAM.

The appellant, Schenley Distillers, Inc., is successor in title to the trade-mark "J. W. Dant," distiller of Kentucky whiskey from way back in 1836. The appellee, John P. Dant Distillery Co., and the third-party defendant-appellee, John P. Dant, Jr., its president, assert their right to use the trade-mark under which the whiskey of appellee's distillery is marketed and to use its corporate name. John P. Dant, Jr., is a grand-son of J. W. Dant and a nephew...

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