Bavarian Brewing Co. v. Anheuser-Busch, Inc.

DRUFFEL, District Judge.

This action is brought for infringement of common law rights in the trademark “Bavarian,” for unfair competition in trade, and for infringement of a trademark registration issued by the United States of America under the TradeMark Act of 1946, 15 U.S.C.A. § 1051 et seq.

Plaintiff’s complaint, among other things, says:

That a brewery was first established in 1866 on the premises now owned by plaintiff, and on which it operates a brewery. About 1870, said brewery was named, and became known as, “Bavarian Brewery,” and it has continued to be so known up to the present time.…