WESTWARD COACH MANUFACTURING CO. v. FORD MOTOR CO.

Nos. 16043, 16071.

388 F.2d 627 (1968)

WESTWARD COACH MANUFACTURING COMPANY, Inc., and Ray Grainger, Trustee in Bankruptcy of Westward Coach Manufacturing Company, Inc., Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 7, 1968.


Attorney(s) appearing for the Case

Lloyd L. Zickert, Chicago, Ill., Robert A. Spray, Indianapolis, Ind., Donald L. Welsh, Chicago, Ill., for plaintiffs-appellants.

Harry T. Ice, James E. Hawes, Jr., Indianapolis, Ind., John R. Spielman, Dearborn, Mich., for defendant-appellee.

Before HASTINGS, Chief Judge, and KILEY and CUMMINGS, Circuit Judges.


HASTINGS, Chief Judge.

This is an action for trademark infringement and unfair competition brought by plaintiffs-appellants Westward Coach Manufacturing Company, Inc. and Ray Grainger, trustee in bankruptcy, against defendant-appellee Ford Motor Company on April 28, 1965, in the United States District Court for the Southern District of Indiana.

The three-count complaint charges Ford with infringement of Westward's common law trademark in the word MUSTANG with...

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