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RIVERBANK LABORATORIES v. HARDWOOD PRODUCTS CORP.

No. 11213.

220 F.2d 465 (1955)

RIVERBANK LABORATORIES, a corporation, Plaintiff-Appellee, v. HARDWOOD PRODUCTS CORPORATION, a corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied April 12, 1955.

Attorney(s) appearing for the Case

David A. Fox, Milwaukee, Wis., Gerrit P. Groen, Chicago, Ill., Wilkinson, Huxley, Byron, Hume, Chicago, Ill., for defendant-appellant.

Jack H. Oppenheim, Chicago, Ill., William J. Friedman, Maurice Rosenfield, Chicago, Ill., for plaintiff-appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

In this action plaintiff seeks an injunction restraining defendant from using the word "Riverbank". At the oral argument before this Court, plaintiff's counsel designated the action as one for unfair competition although such terminology does not appear anywhere in the complaint. Jurisdiction is based upon diversity of citizenship. Defendant moved to dismiss the action because of lack of proper venue; plaintiff moved for a temporary injunction...

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