Kaiserbrauerei, Beck & Co. v. J. & P. Baltz Brewing Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
This was a suit by Kaiscrbrauerei, Beck & Co. against the J. & P. Balls; Brewing Company to restrain the infringement of plaintiff’s trade-mark. The cause was heard on the pleadings and'proofs.
1Opinion of the Court
DALLAS, Circuit Judge.
The complainant, a German corporation, engaged in brewing at Bremen, introduced into the United States, in November, 1874, beer, which, for the purpose of distinguishing it from beer brewed by others, it labeled “Kaiser”; and it has since continuously sold its beer, so labeled, in this country. It claims , to have thus acquired the exclusive right so to use that word, and this- claim appears to have been generally acquiesced in until, at a comparatively recent date, the defendant commenced the use of the same word upon domestic beer of its manufacture. The defendant…
2Cases cited1 opinion
- Canal Co. v. ClarkSupreme Court of the United States · 1872
3Cited by2 opinions
- Gorham Mfg. Co. v. WeintraubDistrict Court, S.D. New York · 1912
- Hurst & Co. v. United StatesCourt of Customs and Patent Appeals · 1924