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WILHARTZ v. TURCO PRODUCTS

No. 9198.

164 F.2d 731 (1947)

WILHARTZ v. TURCO PRODUCTS, Inc.

Circuit Court of Appeals, Seventh Circuit.

December 23, 1947.

Attorney(s) appearing for the Case

Edward S. Rogers, Attorneys for Defendant-Counterclaimant-Appellant.

William T. Woodson and Beverly W. Pattishall, both of Chicago, Ill., and Collins Mason, of Los Angeles, Cal., for appellant.

Samuel E. Hirsch, Julian H. Levi and William Ruger, all of Chicago, Ill., for appellee.

Wilhartz & Hirsch, Attorneys for plaintiff-appellee.

Before EVANS, KERNER, and MINTON, Circuit Judges.

MINTON, Circuit Judge.

The plaintiff filed a complaint against the defendant for a declaratory judgment as to the right of the plaintiff to use the words "Auto Shampoo" and for an injunction against the defendant's interference with the plaintiff's use thereof. The defendant filed an answer and counterclaim in which it claimed valid Federal trade-marks registered as to "Auto Shampoo" and "Car Shampoo," the registration of the latter under the law of Illinois, infringement...

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