TRADE MARKS AND TRADE NAMES - ASSIGNMENT OF WHOLESALER'S MARK TO ONE WHO WILL CONTINUE TO SELL THE IDENTICAL GOODS

In cross suits for infringement of trade mark between the C Distilling Company and the P Brewing Company over the use of the trade mark "Century Club" on liquor and beer respectively, a collateral question arose, whether the assignment under which the distilling company claimed a right to the name was valid. The assignor of the trade mark was a wholesaler of several different brands of liquor that were produced by different distillers. The particular brand "Century Club" was manufactured by the C Distilling Co. The wholesaler assigned its right to use the name "Century Club" to the C Distilling Company, retaining, however, its entire sales organization and the right to continue selling its other brands. Held, the assignment was good without a transfer of the wholesale business, because the C Distilling Company was going to sell the same goods that the wholesaler had been selling.

Ph. Schneider Brewing Co. v. Century Distilling Co., (C. C. A. 10th, 1939) 107 F. (2d) 699.