Supreme Wine Co. v. American Distilling Co.

DAWSON, District Judge.

I. Introduction.

This action was brought by the plaintiff for the purpose, among others, of reviewing a decision of the Patent Office Trademark Trial and Appeal Board which sustained the defendant’s opposition to the registration by the plaintiff of the trademark SUPREME for vodka. The opposition was based upon defendant’s prior and continuous use of the unregistered trademark BOURBON SUPREME for whiskey.

In its complaint as amended, plaintiff seeks a reversal of the Patent Office decision refusing registration, an injunction against defendant’s use of the trademark…