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GROVE FRESH DISTRIB. v. NEW ENGLAND APPLE PROD. CO.

No. 91-3226.

969 F.2d 552 (1992)

GROVE FRESH DISTRIBUTORS, INCORPORATED, Plaintiff-Appellee, v. NEW ENGLAND APPLE PRODUCTS COMPANY, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1992.

Rehearing and Rehearing Denied September 22, 1992.

Attorney(s) appearing for the Case

John P. Messina, Dorothy B. Zimbrakos, Dale R. Crider, Warren S. Radler (argued), Rivkin, Radler, Bayh, Hart & Kremer, Robert A. Langendorf, Chicago, Ill., for plaintiff-appellant.

Mitchell H. Frazen, Burditt & Radzius, Chicago, Ill., Robert L. Ciociola (argued), Casner & Edwards, Boston, Mass., for defendant-appellant.

Before BAUER, Chief Judge, FLAUM, Circuit Judge, and WOOD, Jr., Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 22, 1992.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

This case is about the marketing of orange juice from concentrate packed in tenounce, single-serve glass bottles. Grove Fresh Distributors, Incorporated ("Grove Fresh") brought a suit in federal district court against New England Apple Products Company, Incorporated ("New England Apple") based in part on the Lanham Act. Grove Fresh claimed that although the...

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