Century Distilling Co. v. Continental Distilling Corp. (Two Cases)

McLAUGHLIN, Circuit Judge.

In this trade-mark infringement suit both the adjudged infringer, Century Distilling Company (Century), and the infringed, Continental Distilling Corporation (Continental), appeal. The former would have us hold that it need not account for profits or damages despite the finding of infringement, the latter that its award is inadequate.

Continental, a Delaware corporation, was organized in April, 1933, as a subsidiary of a corporation which had been manufacturing alcohol since 1912. With the repeal of prohibition in December, 1933, Continental began to sell Dixie Belle…