Fleischmann Distilling Corp. v. Maier Brewing Co.
United States Court of Appeals for the Ninth Circuit
314 F.2d 149 (1963)
Relevant factsFree
James Buchanan & Company and its importer Fleischmann Distilling Corp. (plaintiffs) held a federal registration for the "Black & White" mark used on Scotch whiskey. Maier Brewing Co. (defendant) began selling beer under the same "Black & White" name. The plaintiffs sued for trademark infringement, but the district court ruled for Maier because beer and whiskey were not in direct competition, and the plaintiffs appealed.
IssueFree
Whether trademark infringement may be established under the Lanham Act if the allegedly infringing use of the mark is likely to cause consumer confusion, even though the products are not in direct competition.