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JAMES BURROUGH LTD. v. LESHER

Civ. A. No. IP 57-C-163.

309 F.Supp. 1154 (1969)

JAMES BURROUGH LTD., and Kobrand Corporation, Plaintiffs, v. William LESHER, d/b/a Beefeater's and Doubl L Washington, Inc., Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

July 11, 1969.

Attorney(s) appearing for the Case

Lauterstein & Lauterstein, New York City, and V. A. Trask and J. W. Hanley, of Trask, Jenkins & Hanley, Indianapolis, Ind., for plaintiffs.

James J. Stewart and Terence L. Eads of Stewart, Irwin, Gilliom, Fuller & Meyer, and Harold R. Woodard, of Woodard, Weikart, Emhardt & Naughton, Indianapolis, Ind., for defendants.

MEMORANDUM AND ORDER

STECKLER, Chief Judge.

This cause comes before the court on plaintiffs' motion for summary judgment under Fed.R.Civ.P. 56. The basic question raised by the motion is whether defendants, by operating a restaurant under the names "Beefeaters" and "Beef Eaters," have violated the Lanham Act and infringed registered trademarks under which plaintiffs sell gin. For the reasons set forth below...

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