Maier Brewing Co. v. Fleischmann Distilling Corp.
United States Court of Appeals for the Ninth Circuit
390 F.2d 117 (1968)
Fleischmann Distilling Corp. (FDC) (plaintiff) sold high-end scotch under its trademarked "Black and White" name, while Maier Brewing Co. (Maier) sold cheap beer under the same label, distributed through Ralph's Grocery Co. (Ralph's) (defendant); although the trial court found the two products did not directly compete, it found consumers might believe both were made by the same company, and awarded FDC damages based on an accounting of Maier's and Ralph's profits under the Lanham Act. Maier and Ralph's appealed.
Whether, under the Lanham Act, a plaintiff may be awarded damages based on an accounting of the profits of a defendant that has intentionally infringed upon a plaintiff's trademark based on unjust enrichment even where the two products do not compete with each other.