Legal Opinion
Sterling Brewing, Inc. v. Cold Spring Brewing Corp.
District Court, D. Massachusetts
Decided July 2, 1951No. Civ. A. 50-233PublishedCited by 14 opinions
1Opinion of the Court
McCARTHY, District Judge.
1. This is an action for trade-mark infringement and unfair competition. The plaintiff has waived an accounting for damages.
2. The plaintiff is a corporation organized under the laws of Indiana, having its usual place of business in Evansville, Indiana. Its business was founded prior to 1894 when it was taken over by plaintiff’s immediate predecessor in business, the Evansville Brewing Association, an Indiana corporation.
3. The Evansville Brewing Association adopted the “Sterling” mark for beer prior to 1895 and had actual and exclusive use of “Sterling” as a…
2Cases cited11 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- S. C. Johnson & Son, Inc. v. JohnsonCourt of Appeals for the Second Circuit · 1940
- Little Tavern Shops, Inc. v. DavisCourt of Appeals for the Fourth Circuit · 1941
- Kaufman v. KaufmanMassachusetts Supreme Judicial Court · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966
- Application of Beatrice Foods Co. Application of Fairway Foods, IncCourt of Customs and Patent Appeals · 1970
- Skil Corp. v. BarnetMassachusetts Supreme Judicial Court · 1958
9 more not listed; retrieve them via the Exa API.