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

No. 80-2102.

671 F.2d 289 (1982)

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

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1982.

Attorney(s) appearing for the Case

James Van Santen (argued), Kathryn C. Grogman, Chicago, Ill., for defendant-appellee, G. Heileman Brewing Co., Inc.; Hill, Van Santen, Steadman, Chiara & Simpson, Chicago, Ill., of counsel.

Arthur A. March (argued), New York City, Richard C. Garberson, Shuttleworth & Ingersoll, Cedar Rapids, Iowa, for plaintiff-appellant.

John J. Byrne (argued), Charles L. Gholz, Bradford E. Kile, Baker & McKenzie, Washington, D. C., Robert M. Bertsch, O'Conner, Thomas, Wright, Hammer, Bertsch & Norby, Dubuque, Iowa, for appellee, Joseph S. Pickett & Sons, Inc.

Before LAY and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.

COLLINSON, Senior District Judge.

The plaintiff appeals from adverse judgments for both defendants. After a non-jury trial, the trial court1 in a memorandum opinion found for both defendants on all issues and judgments were entered accordingly.

Plaintiff is a brewer which markets a product labeled "Champale Malt Liquor." The word "Champale" is a registered trademark owned by Champale, Inc.

The defendant Heileman Brewing...

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