Cresta Blanca Wine Co. v. Eastern Wine Corp.

S.D. New York

Cresta Blanca Wine Co. v. Eastern Wine Corp.

56 F. Supp. 176, 61 U.S.P.Q. (BNA) 438, 1944 U.S. Dist. LEXIS 2141

DecidedMarch 22, 1944

StatusPublished

This text of 56 F. Supp. 176 (Cresta Blanca Wine Co. v. Eastern Wine Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cresta Blanca Wine Co. v. Eastern Wine Corp., 56 F. Supp. 176, 61 U.S.P.Q. (BNA) 438, 1944 U.S. Dist. LEXIS 2141 (S.D.N.Y. 1944).

Pincite

Opinion

HULBERT, District Judge.

The motion for an order staying defendant and its attorneys from taking any further action as plaintiff in two actions in the United States District Court for the District of Delaware and for an order permitting Schenley Distillers Corporation, to intervene hereip, is denied.

Cresta Blanca Wine Co., Inc., a Delaware corporation (and successor in interest to Cresta Blanca Wine Company a California corporation), is conceded to be a wholly owned subsidiary of Schenley Distillers Corporation, also a Delaware corporation.

On February 21, 1944, the plaintiff brought this action against Eastern Wine Corporation, a New York Corporation, alleging a first cause of action for infringement of a trade mark and a second cause of action for a declaratory judgment. Thereafter, the Eastern Wine Company brought two actions in the United States District Court for the District of Delaware against the Cresta Blanca Wine Co., Inc., and Schenley Distillers Corporation, respectively, alleging infringement and unfair competition in each case. Schenley moves to intervene in this action and to stay the prosecution of both actions in Delaware.

Since the plaintiff is a separate entity and has the sole right to the trade mark and the use thereof which is the subject matter of this action, Schenley, whose only interest is as a stockholder, has no legal status which entitles it to intervene and consequently has no right to an order of this court staying the prosecution of either action in the United States District Court for the District of Delaware.

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HULBERT, District Judge.

The motion for an order staying defendant and its attorneys from taking any further action as plaintiff in two actions in the United States District Court for the District of Delaware and for an order permitting Schenley Distillers Corporation, to intervene hereip, is denied.

Cresta Blanca Wine Co., Inc., a Delaware corporation (and successor in interest to Cresta Blanca Wine Company a California corporation), is conceded to be a wholly owned subsidiary of Schenley Distillers Corporation, also a Delaware corporation.

On February 21, 1944, the plaintiff brought this action against Eastern Wine Corporation, a New York Corporation, alleging a first cause of action for infringement of a trade mark and a second cause of action for a declaratory judgment. Thereafter, the Eastern Wine Company brought two actions in the United States District Court for the District of Delaware against the Cresta Blanca Wine Co., Inc., and Schenley Distillers Corporation, respectively, alleging infringement and unfair competition in each case. Schenley moves to intervene in this action and to stay the prosecution of both actions in Delaware.

Since the plaintiff is a separate entity and has the sole right to the trade mark and the use thereof which is the subject matter of this action, Schenley, whose only interest is as a stockholder, has no legal status which entitles it to intervene and consequently has no right to an order of this court staying the prosecution of either action in the United States District Court for the District of Delaware.

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Bluebook (online)

56 F. Supp. 176, 61 U.S.P.Q. (BNA) 438, 1944 U.S. Dist. LEXIS 2141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cresta-blanca-wine-co-v-eastern-wine-corp-nysd-1944.