Legal Opinion
Anheuser-Busch, Inc. v. Du Bois Brewing Co.
Court of Appeals for the Third Circuit
Decided May 12, 1949No. 9527PublishedCited by 54 opinions
1Opinion of the Court
O’CONNELL, Circuit Judge.
We are called upon to decide whether or not the district court erred in granting plaintiff (“Anheuser”) a permanent injunction against the use of the words “Budweiser” and “Bud” by defendant (“DuBois”) in connection with beer or any similar or related product.1 The claim of Anheuser is grounded upon its assertion of a common law trade name.2 The parties are in federal court by reason of diversity only, and Pennsylvania law controls.
Two principal issues are presented: (1) Has Anheuser established its common law right to the name of “Budweiser” as its exclusive trade…
2Cases cited19 opinions
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- McLean v. FlemingSupreme Court of the United States · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- University of Pittsburgh, a Non Profit Corporation v. Champion Products Inc., a CorporationCourt of Appeals for the Third Circuit · 1982
- Kellogg Company, Plaintiff-Appellant/cross-Appellee v. Exxon Corporation, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2000
- Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
- The Prudential Insurance Company of America v. Gibraltar Financial Corporation of California, and Gibraltar Savings & Loan AssociationCourt of Appeals for the Ninth Circuit · 1983
- Cuban Cigar Brands N. v. v. Upmann International, Inc.District Court, S.D. New York · 1978
49 more not listed; retrieve them via the Exa API.