Anheuser-Busch, Inc., and Cross-Appellee v. Bavarian Brewing Company, and Cross-Appellant

SIMONS, Circuit Judge.

The appeal and cross-appeal present issues in respect to the validity of a trademark claimed by the appellee under both State law and the Lanham Act, Title 15 U.S.C.A. § 1051 et seq., contentions of the appellant that the Bavarian Brewing Company’s registration is invalid because of fraud upon the Patent Office in securing registration, an estoppel to enforce it, and procedural errors requiring reversal. The Court made careful findings of fact, issued a decree awarding injunction to Bavarian, and both appeal. Bavarian will be herein designated as plaintiff and…