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INTERNATIONAL BREWERIES, INC. v. ANHEUSER-BUSCH, INC.

No. 21966.

364 F.2d 261 (1966)

INTERNATIONAL BREWERIES, INC., Appellant, v. ANHEUSER-BUSCH, INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 5, 1966.

Attorney(s) appearing for the Case

William Dowdell Denson (Lead counsel), of Morgan, Finnegan, Durham & Pine, New York City, Ralph C. Dell, Tampa, Fla., for appellant.

Hervey Yancey, Miami, Fla., Walter J. Halliday, New York City, Roy A. Lieder, Dwight D. Ingamells, Thos. J. Carroll, St. Louis, Mo., Nims, Halliday, Whitman, Howes & Collison, New York City, Gravely, Lieder & Woodruff, St. Louis, Mo., Smathers & Thompson, Miami, Fla., for appellee.

Before WISDOM and THORNBERRY, Circuit Judges, and COX, District Judge.

COX, District Judge.

This was a suit for injunctive relief throughout states now served by appellant and for damages, which were denied, for the alleged infringement of a statutory trademark owned by appellant, consisting of the word "Bavarian's" and bearing No. 609692 on the principal register in the United States Patent Office. The registration was granted for beer of a legal alcoholic content in Class 48.1

The parties own and...

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