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SUPREME WINE CO. v. AMERICAN DISTILLING COMPANY

203 F.Supp. 736 (1962)

SUPREME WINE CO., Inc., Plaintiff, v. The AMERICAN DISTILLING COMPANY, Defendant.

United States District Court S. D. New York.

April 4, 1962.

Attorney(s) appearing for the Case

Judah B. Felshin, New York City, for plaintiff; Harold E. Cole, Boston, Mass., of counsel.

Watson, Leavenworth, Kelton & Taggart, New York City, for defendant; Leslie D. Taggart, Robert C. Nicander, Nicholas J. Stathis, Herbert Blecker, New York City, of counsel.

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...

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