Two promoters conceived the idea of a corporation to manufacture beer, the beer to be labeled "Old South Brew." While the process of incorporation was proceeding the promoters arranged with the Eastern Beverage Corporation of New Jersey to make a beer labeled "Old South Brew," to be shipped, and which was shipped, only to customers of the promoters. The promoters then extensively advertised this product and the fact that the same beer was to be made by their own corporation. The corporation, known as the "Old South Brewing Co., Inc." was chartered, but to the date of trial had not completed its plant. After producing this beer for about eight months the Eastern Beverage Corporation discontinued and assigned any rights in it, through the promoters, to the Old South Brewing Co. Later, with full knowledge of these events, the plaintiff, South Eastern Brewing Co., produced a beer in the same territory labeled, "Old South." It now seeks to enjoin defendant, Old South Brewing Co., from using the words "Old South" as a trademark. Held, the defendant, by priority of use, had gained a right to use this mark and the plaintiff will be enjoined from further use of it. South Eastern Brewing Co. v. Blackwell, (C. C. A. 4th, 1935) 80 F. (2d) 607.
TRADE MARKS - EXTENT OF USER ESSENTIAL TO RIGHT TO PRIORITY,
Mich. L. Rev.
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