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ANHEUSER-BUSCH v. DU BOIS BREWING CO.

Civ. No. 869.

73 F.Supp. 338 (1947)

ANHEUSER-BUSCH, Inc., v. DU BOIS BREWING CO.

District Court, W. D. Pennsylvania.

September 9, 1947.

Attorney(s) appearing for the Case

Alter, Wright & Barron, of Pittsburgh, Pa. (Wallace H. Martin, Walter J. Halliday, Marion L. Severn and Nims, Verdi & Martin, all of New York City, Alexander J. Barron and James Milholland, both of Pittsburgh, Pa., and Shepley, Kroeger, Fisse & Ingamells, of St. Louis, Mo., of counsel), for plaintiff.

Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., and Bell & Brockbank, of Du Bois, Pa. (Elder W. Marshall, John C. Bane, Jr., and Sherman T. Rock, all of Pittsburgh, Pa., of counsel), for defendant.

GIBSON, District Judge.

By the present action the complainant seeks to enjoin the defendant in the use of the common law trade-mark which plaintiff claims in the word "Budweiser" to identify it's manufacture of beer and other related products.

In the year 1876 one Carl Conrad, a dealer in malt and other beverages in Saint Louis, put out a beer which he called "Budweiser", and which was manufactured for him by the predecessors of the plaintiff. This beer was...

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