E. F. Prichard Co. v. Consumers Brewing Co.

McAllister, circuit judge.

The Consumers Brewing Company was, by the district court, awarded an injunction against the use, by appellants, of a trademark on beer products, known as the “Olde Towne Lamplighter” label, together with a decree for an accounting. The E. F. Prichard Company claims the right to the use of the trade-mark in the territory south of the Ohio river. The Heidelberg Brewing Company acted under contract with the Prichard Company in brewing, bottling, and labeling the beer for the latter company, and was included in the injunction and subjected to the accounting.

In 1933,…