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JACK DANIEL DISTILLERY v. HOFFMAN DISTILLING CO.

No. 14514.

298 F.2d 606 (1962)

JACK DANIEL DISTILLERY, LEM MOTLOW, PROP., INC., Plaintiff-Appellant, v. HOFFMAN DISTILLING COMPANY, Defendant-Appellee, and Frank Silverman & Company, Intervener-Appellee.

United States Court of Appeals Sixth Circuit.

February 3, 1962.

Attorney(s) appearing for the Case

Joe E. Daniels, New York City, Ben H. Morris, Louisville, Ky., Chauncey P. Carter, Washington, D. C., Liddy, Sullivan, Hart, Daniels & Stemple, New York City, John J. Hooker, Tyree B. Harris, III, Hooker, Keeble, Dodson & Harris, Nashville, Tenn., on the brief, for appellant.

Charles B. Cannon, Chicago, Ill., John K. Skaggs, Jr., James E. Fahey, Skaggs, Hays & Fahey, Louisville, Ky., Max W. Petacque, Chicago, Ill., on the brief, for appellees.

Before CECIL and WEICK, Circuit Judges, and DARR, Senior District Judge.

PER CURIAM.

In the District Court plaintiff sought to enjoin the defendants from imitating its methods of advertising and packaging Jack Daniel's Black Label Whiskey on the grounds of infringement of its trademark and unfair competition. Plaintiff claimed that it had expended large sums of money in advertising certain expressions and packaging of Jack Daniel's products and that they had acquired a secondary meaning identifying them with Jack Daniel's whiskey; that...

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