70
time has indicated to the public whisky distilled on Glenn
‟
s creek, in Woodford
county, Kentucky, and nowhere else.
”
The case stated that beginning in January, 1903 Rock Springs sold their
“
Old
Crow
”
product in St. Louis and that their
successors
“
A. M. Hellman & Co.
”
were guilty
of trademark infringement.
The Hellmans denied guilt and argued the
alleged use of the word
“
Crow
”
,
“
Old Crow
”
and
“
J. W. Crow
”
had actually been used on
their own and predecessor
‟
s packages of
whisky since 1863 and, perhaps, earlier. They
said that the whisky sold by Gaines was an
unrefined, harmful and deleterious article and
that the whisky sold by them was a brand
largely free from impurities.
The Circuit Court ruled in favor of Gaines and found the Hellmans guilty of
unfair competition.
Hellman appealed to the Circuit Court of Appeals and they reversed the decision
of the Circuit Court.
A 1949 advertisement from National Distillers Product Corporation
