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PHILIP MORRIS INCORPORATED v. IMPERIAL TOBACCO COMPANY

No. 12072.

401 F.2d 179 (1968)

PHILIP MORRIS INCORPORATED, Appellee, v. The IMPERIAL TOBACCO COMPANY (of Great Britain and Ireland), Limited, Appellant.

United States Court of Appeals Fourth Circuit.

Decided August 23, 1968.

Rehearing Denied October 3, 1968.

Certiorari Denied February 24, 1969.

Attorney(s) appearing for the Case

W. Brown Morton, Jr., New York City (McLean, Morton & Boustead, New York City, Charles L. Reed, and Mays, Valentine, Davenport & Moore, Richmond, Va., on the brief) for appellant.

Leslie D. Taggart, New York City (Lewis T. Booker, Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., Watson, Leavenworth, Kelton & Taggart, and Thomas F. Ahrensfeld, New York City, on the brief) for appellee.

Before SOBELOFF, WINTER and CRAVEN, Circuit Judges.

Certiorari Denied February 24, 1969. See 89 S.Ct. 875.

SOBELOFF, Circuit Judge:

Imperial Tobacco Company, exclusive manufacturer and distributor of "Player's" tobacco products in the United Kingdom and Ireland, appeals from the District Court's holding that in this country Philip Morris, Inc., is the owner of the "Player's" trademark,1 that Imperial may not sell its "Player's" products under that name in the United States, and...

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