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VITEK SYSTEMS, INC. v. ABBOTT LABORATORIES

No. 81-1905.

675 F.2d 190 (1982)

VITEK SYSTEMS, INC., Appellant, v. ABBOTT LABORATORIES, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1982.

Attorney(s) appearing for the Case

Thomas E. Wack, St. Louis, Mo., for appellee Abbott Laboratories.

Lionel L. Lucchesi, Polster, Polster & Lucchesi, St. Louis, Mo., for appellant; George W. Finch, John P. Scholl, Vitek Systems, Inc., Long Beach, Cal., Harvey A. Gilbert, Vitek Systems, Inc., Hazelwood, Mo., of counsel.

Before HEANEY, McMILLIAN and ARNOLD, Circuit Judges.

McMILLIAN, Circuit Judge.

Vitek Systems, Inc. (Vitek) appeals from a judgment entered in the District Court1 for the Eastern District of Missouri denying injunctive relief for alleged trademark infringement. Following a bench trial, the district court found that Abbott Laboratories, Inc.'s (Abbott) "MS-2" mark, viewed by itself or in conjunction with Abbott's logo, , did not infringe upon Vitek's "AMS" mark because there was no substantial...

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