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FLEISCHMANN DISTILLING CORP. v. MAIER BREWING COMPANY

No. 17696.

314 F.2d 149 (1963)

The FLEISCHMANN DISTILLING CORP., a corporation, etc., Appellants, v. MAIER BREWING COMPANY, a corporation, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 19, 1963.

Attorney(s) appearing for the Case

Brobeck, Phleger & Harrison, Moses Lasky, San Francisco, Cal., Davis, Polk, Wardwell, Sunderland & Kiendl and Porter R. Chandler, New York City, for appellant.

Mellin, Hanscom & Hursh, Oscar A. Mellin and Carlisle M. Moore, San Francisco, Cal., Hill, Farrer & Burrill and Robert Nibley, Los Angeles, Cal., for appellee.

Before POPE, BROWNING and DUNIWAY, Circuit Judges.

POPE, Circuit Judge.

Fleischmann Distilling Corporation, here called Fleischmann, filed in the court below its complaint for trademark infringement and unfair competition against Maier Brewing Company, here called Maier, and Ralphs Grocery Company, here called Ralphs, seeking an injunction restraining the defendants from using the name "Black & White" upon beer manufactured by Maier and sold by Ralphs. It asserted that such use of that name was an infringement...

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