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SWEET DREAMS UNLIMITED, INC. v. DIAL-A-MATTRESS INTERN.

No. 92-3506.

1 F.3d 639 (1993)

SWEET DREAMS UNLIMITED, INC., an Illinois Corporation, Plaintiff-Appellee, v. DIAL-A-MATTRESS INTERNATIONAL, LTD., a Delaware Corporation, Dial-A-Mattress Operating Corporation, a New York Corporation, Napoleon Barragan, Luis Barragan and Joseph Vicens, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 6, 1993.

Attorney(s) appearing for the Case

Gerald A. Goldman, Arthur R. Ehrlich (argued), Ira Marcus, Goldman & Marcus, Chicago, IL, for plaintiff-appellee.

Jonathan G. Bunge, Angela Marsh, Mary B. Snyder, Keck, Mahin & Cate, Chicago, IL, Jeffrey J. Keyes (argued), James J. Long, Briggs & Morgan, Saint Paul, MN, for defendants-appellants.

Before CUMMINGS, CUDAHY and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

Dial-A-Mattress International, Ltd. and Sweet Dreams Unlimited, Inc. were joint venturers engaged in the business of telemarketing bedding products and accessories. The parties memorialized their relationship in an agreement signed March 8, 1991 (the Agreement). The Agreement provided that Sweet Dreams, in exchange for the right to use certain of Dial-A-Mattress' trademarks, trade names and telephone numbers in the Chicago metropolitan area...

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