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BAVARIAN BREWING COMPANY v. ANHEUSER-BUSCH, INC.

Civ. A. 3649.

150 F.Supp. 210 (1957)

BAVARIAN BREWING COMPANY Inc., Plaintiff, v. ANHEUSER-BUSCH, Inc., Defendant.

United States District Court S. D. Ohio, W. D.

March 25, 1957.

Attorney(s) appearing for the Case

Clarence B. Des Jardins, and Edward M. Tritle, Des Jardins & Robinson, Cincinnati, Ohio, Richard W. Todd, Dinsmore, Shohl, Dinsmore & Todd, Cincinnati, Ohio, for plaintiff.

Wallace H. Martin, Walter J. Halliday, Robert Bonynge, and William Buchanan, Nims, Martin, Halliday, Whitman & Williamson, New York City, Joseph J. Gravely, Gravely, Lieder, Woodruff & Wills, Dwight D. Ingamells, St. Louis, Mo., Leonard A. Weakley, John H. Clippinger, and Carl Turner, of Taft, Stettinius & Hollister, Cincinnati, Ohio, for defendant.

DRUFFEL, District Judge.

This action is brought for infringement of common law rights in the trademark "Bavarian," for unfair competition in trade, and for infringement of a trademark registration issued by the United States of America under the Trade-Mark Act of 1946, 15 U.S.C.A. § 1051 et seq.

Plaintiff's complaint, among other things, says:

That a brewery was first established in 1866 on the premises now owned by plaintiff, and on which it...

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