Page:Federal Reporter, 1st Series, Volume 8.djvu/48

84 FEiDEBAIi 3BP0BTEB. �clared a bankrupt, and that amoug other assets the tract of land and the distillery thereon, with all, the appurtenances and fixtures, were sqld by the assignee, and by mesne conveyances became vested in the defendants, who have since operated the same by the manu- facture of whisky i a-nd that the complainant in the ibean time has been, and is now, Qperating a distillery in Fayette county, Kentucky, as the sole place of the manufacture of his whisky, and that eonse- quently he cannot use the brand formerly used by him while operat- ing the "Old Oscar Eepper Distillery," withoutmaking a f aise and frauduLent represicntation as to the place of manufacture. �Tbe defendants admit: that .since they have owned and operated the Old Oscar Pepper Pistillery, they have used the brand set out in the pleadings, but merely for the purpose of identifying their whisky as the product of that distillery, as follows : �Old Oscar Pepper �■ iv, Distillery. �Established 1838. �Hand-made Sour Masli. �Labrot & Graham, �Proprietors, �vVoodford. County* Kentucky. �They claim the right so to do by virtue of their ownership of the distillery, of which they say that is the proper name. �On November 23, 1880, the defendants also filed their cross-bill, setting up in substance the same facts, and claiming that they are entitled to the exclusive use as a trade-mark of the brand described in the pleadings as used by them, andpraying to be protected therein by a perpetuai injujiotion. �To this eross-bill tho complainant filed his answer, insisting upon his claims to the injunetion and right to the exclusive use of the trade-mark, "Old Oscar Pepper," and the abbreviation "0. 0. P," as applied to whisky. He alleges that his father, during his life-time, Oscar Pepper, operated a distillery on the premises mentioned, and manufactiired an article which became well and favorably known to the trade as "Crow" or "Old Crow" whisky, from the name of the dis- tiller, and that in consequence the distillery became known as the "Old Crow Distillery ;" that after his father's death, the distillery tract having corne into his. possession, he leased it to W. A. Gaines & Go^, who continued the manufacture of whisky under the same trade-name and mark of "Crow," or "Old Crow," but that afterwards the com- plainant, having gone into the business himself, built on the same ��� �