John P. Dant Distillery Co. v. Schenley Distillers, Inc., and Third Party v. John P. Dant, Jr., Third Party

The appellant, Schenley Distillers, Inc., is successor in title to the trade-mark “J. W. Dant,” distiller of Kentucky whiskey from way back in 1836. The appellee, John P. Dant Distillery Co., and the third-party defendant-appellee, John P. Dant, Jr., its president, assert their right to use the trade-mark under which the whiskey of appellee’s distillery is marketed and to use its corporate name. John P. Dant, Jr., is a grand-son of J. W. Dant and a nephew of the latter’s son, George W. Dant — the family’s early Kentucky distillers.

In this action, tried without the intervention of a jury, the…