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A. SMITH BOWMAN & SONS, INC. v. SCHENLEY DISTILLERS, INC.

Civ. A. No. 2199.

190 F.Supp. 586 (1961)

A. SMITH BOWMAN AND SONS, INC., Sunset Hills, Virginia, Plaintiff, v. SCHENLEY DISTILLERS, INC., c/o Corporation Trust Company, Wilmington, Delaware, Defendant.

United States District Court D. Delaware.

January 6, 1961.

Attorney(s) appearing for the Case

H. James Conaway, Jr. (Morford, Young & Conaway), Wilmington, Del., Henry B. Weaver, Jr., Quinn O'Connell and Hershel Shanks (Weaver & Glassie), Washington, D. C., for plaintiff.

Aaron Finger (Richards, Layton & Finger), Wilmington, Del., and Milton B. Seasonwein, New York City, for defendant.

LEAHY, Senior District Judge.

Since 1937 plaintiff, A. Smith Bowman and Sons, Inc., has marketed its 90 proof straight bourbon whiskey under the registered trademark "Virginia Gentleman". It alleges the brand name "Virginia Gentleman" now represents valuable proprietary "good will" due to successful advertising programs and continuous product appeal of the public over the ensuing years. Plaintiff filed certain affidavits and exhibits. In 1959, defendant, Schenley...

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