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TELEMED CORP. v. TEL-MED, INC.

No. 78-1334.

588 F.2d 213 (1978)

TELEMED CORPORATION, Plaintiff-Appellant, v. TEL-MED, INC., and Chicago Medical Society, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 1978.

Rehearing and Rehearing Denied January 23, 1979.

Attorney(s) appearing for the Case

Malcolm McCaleb, Jr., Chicago, Ill., for plaintiff-appellant.

Melville Owen, San Francisco, Cal., for defendants-appellees.

Before SPRECHER, TONE and BAUER, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 23, 1979.

SPRECHER, Circuit Judge.

This appeal determines that the word "Telemed" as used in connection with the computer-analysis of electrocardiograms by telephone is a descriptive tradename which in the absence of a showing of secondary meaning is not entitled to protection against the use of "Tel-Med" in a noncompeting medical service.

This is an action for tradename infringement, registered service...

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