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

Fleischmann Distilling Corporation, here called Fleischmann, filed in the court below its complaint for trademark infringement and unfair competition against Maier Brewing Company, here called Maier, and Ralphs Grocery Company, here called Ralphs, seeking an injunction restraining the defendants from using the name “Black & White” upon beer manufactured by Maier and sold by Ralphs. It asserted that such use of that name was an infringement of a trademark “Black & White” used on Scotch whisky manufactured abroad by James Buchanan & Company, here called Buchanan, and imported and sold by Fleischmann in the United States.

Jurisdiction in the court below was invoked by reason of the diversity of citizenship of the parties with the requisite amount in controversy, and also on the ground that it “arises under Acts of Congress relating to trademarks, [citing the Acts of February 20, 1905, and of July 5, 1946, hereafter referred to], and also asserts a related claim of unfair competition.” Subsequently Buchanan filed a complaint in intervention against the same defendants adopting and incorporating therein Fleischmann’s complaint and joining with Fleischmann in the prayer for…