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PUBLICKER INDUSTRIES v. ROMAN CERAMICS

No. 78-2400.

603 F.2d 1065 (1979)

PUBLICKER INDUSTRIES, INC. and Continental Distilling Corporation, Appellants, v. ROMAN CERAMICS CORPORATION.

United States Court of Appeals, Third Circuit.

Decided August 8, 1979.

Attorney(s) appearing for the Case

Harold Cramer, Anthony E. Creato (argued), Jeffrey Cooper, Mesirov, Gelman, Jaffee, Cramer & Jamieson, Philadelphia, Pa., for appellants.

Meyer J. Myer (argued), Chicago, Ill., David H. H. Felix, Philadelphia, Pa., Myer New Berlin & Braude, Chicago, Ill., for appellee.

Before ADAMS and ROSENN, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

In contemplation of the American Bicentennial celebration, Publicker Industries, Inc. ("Publicker") conceived of the idea of putting four-fifths of a quart of whiskey in miniature ceramic replicas of the Liberty Bell and retailing the "patriotic product" for $19.99 each. Continental Distilling Corp. ("Continental"), Publicker's wholly-owned subsidiary, became involved in the implementation of this idea, and Roman...

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