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CHAMPALE, INC. v. JOSEPH S. PICKETT & SONS, INC.

No. 78-1879.

599 F.2d 857 (1979)

CHAMPALE, INC., Appellant, v. JOSEPH S. PICKETT & SONS, INC., G. Heileman Brewing Company, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Arthur March, New York City (argued), and James W. Hall and Richard C. Garberson of Shuttleworth & Ingersoll, Cedar Rapids, Iowa, on brief, for appellant.

James Van Santen of Hill, Van Santen, Steadman, Chiara & Simpson, Chicago, Ill. (argued), and Steven H. Noll, Chicago, Ill., on brief, for appellees.

Before LAY, HEANEY, and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Champale, Inc. (Champale) appeals from a summary judgment dismissing its complaint against G. Heileman Brewing Company, Inc. (Heileman) for failure to state a claim upon which relief can be granted.

On appeal Champale contends that, as a matter of law, Heileman breached an agreement with Champale when Heileman's assignee, Joseph S. Pickett & Sons, Inc. (Pickett), used the trademark "Champagne Velvet" for malt liquor. Champale alternatively...

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