Continental Distilling Corporation v. Old Charter Distillery Co.

WILBUR K. MILLER, Circuit Judge.

In this case two distillery companies, conceding their registered trade-marks for whiskey to be confusingly similar, are contending for priority. Continental Distilling Corporation, a Delaware corporation, has registration No. 311038 for its “Charter Oak” mark, and Old Charter Distillery Company holds registration No. 321823 for “Old Charter,” by assignment from the registrant, Bernheim Distilling Company. 1

The Old Charter company began the contest on October 4, 1938, by applying to the Commissioner of Patents, under what was then 15 U.S.C.A. § 93, for…