ESKIMO KOOLER CORPORATION v. ESKIMO PIE CORPORATION

No. 11615.

235 F.2d 3 (1956)

ESKIMO KOOLER CORPORATION, Plaintiff and Counter-Defendant-Appellant, v. ESKIMO PIE CORPORATION, Defendant and Counter-Claimant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 7, 1956.


Attorney(s) appearing for the Case

David B. Perley, Wilkinson & Belroy, Chicago, Ill., for petitioner-appellant.

W. Lee Helms, New York City, Carl S. Lloyd, Chicago, Ill., for appellee.

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


FINNEGAN, Circuit Judge.

Eskimo Kooler Corporation commenced this action against Eskimo Pie Corporation to recover damages and restrain the latter from interfering in the business of Eskimo Kooler. By its counterclaim, accompanying the answer to that complaint, Eskimo Pie Corporation asserted its house mark and trademark "Eskimo," and sought a permanent injunction against Eskimo Kooler Corporation. After taking parol and documentary...

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