Supreme Wine Co., Inc. v. The American Distilling Co.

HAYS, Circuit Judge.

Appellant brought this action in the district court to review a decision of the Patent Office Trademark Trial and Appeal Board 1 which sustained appellee’s opposition to the appellant’s registration of the trademark “Supreme” for vodka. Appellant further alleged infringement of its trademark “Supreme” for wines. Appellee counterclaimed alleging infringement of its trademarks “Bourbon Supreme” for whiskey, and “Supreme” for other distilled alcoholic beverages. The district court affirmed the decision of the Patent Office and held that although the appellant had a prior…