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SYNCROMATIC CORPORATION v. EUREKA WILLIAMS CORP.

No. 9741.

174 F.2d 649 (1949)

SYNCROMATIC CORPORATION v. EUREKA WILLIAMS CORPORATION.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 2, 1949.

Attorney(s) appearing for the Case

E. J. Balluff, Detroit, Mich., Warren C. Horton, Chicago, Ill., for appellant.

Ira Milton Jones, Milwaukee, Wis., Harold G. Baker, E. St. Louis, Ill., for appellee.

Before MAJOR, Chief Judge, KERNER, Circuit Judge, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff brought this action for a declaratory judgment enjoining defendant from accusing plaintiff of infringement of defendant's registered trade-mark Oil-O-Matic and from threatening suit for such infringement by sales of oil burners bearing the word Syncromatic, plaintiff's registered trade-mark. Defendant filed a counterclaim charging infringement of its trademark by plaintiff's sales of burners bearing the latter's trade-mark. The District...

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