Fleischmann Distilling Corp. v. Maier Brewing Co.
United States Court of Appeals for the Ninth Circuit
314 F.2d 149 (1963)
Fleischmann Distilling Corp. imported “Black & White” Scotch whisky into the United States, which was manufactured by James Buchanan & Company (plaintiffs). Buchanan held a federal registration for the mark “Black & White” for whisky. Maier Brewing Co. (defendant) was a brewer who began to produce and sell beer under the brand “Black & White.” Buchanan and Fleischmann sued Maier for trademark infringement. The district court held for Maier on the grounds that there was no actual competition between the two products, and Buchanan and Fleischmann appealed.
Rule of Law
Holding and Reasoning (Pope, J.)
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