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MILLER BREWING CO. v. FALSTAFF BREWING CORP.

No. 80-1794.

655 F.2d 5 (1981)

MILLER BREWING COMPANY, Plaintiff-Appellee, v. FALSTAFF BREWING CORPORATION, et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided July 16, 1981.

Attorney(s) appearing for the Case

Lewis A. Kaplan, New York City, with whom Richard Wasserman, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, David A. Schechter, and Schechter, Abrams & Verri, Providence, R. I., were on brief, for defendants-appellants.

Anthony L. Fletcher, New York City, with whom Timothy M. Broas, Conboy, Hewitt, O'Brien & Boardman, New York City, Edwin H. Hastings, Edward J. Regan, Tillinghast, Collins & Graham, Providence, R. I., Allan W. Leiser, and Quarles & Brady, Milwaukee, Wis., were on brief, for plaintiff-appellee.

Charles W. Bradley, Milton Springut, and Cooper, Dunham, Clark, Griffin & Moran, New York City, on brief for Jos. Schlitz Brewing Co., amicus curiae.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge.

This appeal raises the question whether the plaintiff is precluded by virtue of principles of collateral estoppel from denying that the term "LITE" when applied to beer (1) has a generic meaning indicating membership in a class of beers having a reduced caloric content, and (2) is not susceptible of possessing a de jure "secondary meaning" indicating that a particular producer is the source of the beer.

The plaintiff...

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