Legal Opinion

The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a Corporation

Court of Appeals for the Ninth Circuit

Decided March 19, 1963No. 17696_1PublishedCited by 203 opinions

1Opinion of the Court

POPE, Circuit Judge.

Fleischmann Distilling Corporation, here called Fleischmann, filed in the court below its complaint for trademark infringement and unfair competition against Maier Brewing Company, here called Maier, and Ralphs Grocery Company, here called Ralphs, seeking an injunction restraining the defendants from using the name “Black & White” upon beer manufactured by Maier and sold by Ralphs. It asserted that such use of that name was an infringement of a trademark “Black & White” used on Scotch whisky manufactured abroad by James Buchanan & Company, here called Buchanan, and…

2Cases cited42 opinions

  1. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
  2. Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
  3. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
  4. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  5. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917

37 more not listed; retrieve them via the Exa API.

3Cited by203 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  3. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  4. GoTo.Com, Inc. v. Walt Disney Co.Court of Appeals for the Ninth Circuit · 2000
  5. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992

198 more not listed; retrieve them via the Exa API.

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