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SEVEN UP CO. v. CHEER UP SALES CO.

No. 12955.

153 F.2d 231 (1946)

SEVEN UP CO. v. CHEER UP SALES CO. OF ST. LOUIS, MO., et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 5, 1946.

Attorney(s) appearing for the Case

John H. Cassidy, of St. Louis, Mo. (Frank Y. Gladney and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellant.

Oliver T. Remmers, of St. Louis, Mo., for appellees.

Before GARDNER, THOMAS, and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

On October 2, 1942, the petitioner filed its bill of complaint in the Eastern District of Missouri seeking a decree under the Trade-Mark Laws of the United States, 15 U.S.C.A. § 81 et seq., to enjoin infringement of its registered trade-marks "Seven Up" and "7 Up" and unfair competition and for other relief. The accused trade-mark of the respondents is "Cheer Up." Both parties use their trade-marks on packages and bottles containing soft...

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