The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that beer and whiskey are sufficiently similar products for purposes of the 7 relatedness analysis
• holding that pancake syrup and pancake flour are 16 related
• finding secondary meaning in name “Black & White,” and noting that when a defendant uses a name that incorporates the name of an already-existing product, “[t]he only possible purpose could have been to capitalize upon the popularity of the name chosen.”’
• “The use need not be the same as, nor one in 27 competition with the original use. The question is, are the uses related so that they are 28 likely to be connected in the mind of a prospective purchaser?”
• confusion between beer and scotch whiskey
• “Black & White” scotch 28 whiskey

Source: CourtListener parenthetical corpus (CC0).