Old Charter Distillery Co. v. Continental Distilling Corp.

RODNEY, District Judge.

This is an action brought under the Lanham Act1 by the distillers of “Old Charter” bourbon whiskey against the distillers of “Charter Oak” bourbon whiskey. The action seeks (1) an injunction against the use of the trademark “Charter Oak” because it infringes the trademark “Old Charter” owned by the plaintiff; (2) damages because of the infringement; (3) cancellation of the “Charter Oak” registration, and (4) other proper relief.

The parties to the present action have been involved in protracted litigation concerning the two trademarks, both in the Patent Office, and, of…