WESTINGHOUSE ELECTRIC CORP. v. FREE SEWING MACH. CO.

No. 12277.

256 F.2d 806 (1958)

WESTINGHOUSE ELECTRIC CORPORATION, Plaintiff-Appellant, v. FREE SEWING MACHINE CO. and Apsco Products, Inc., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

June 23, 1958.


Attorney(s) appearing for the Case

James O. Smith, Chicago, Ill., John J. Cassidy, Jr., Chicago, Ill. (McDermott, Will & Emery, Chicago, Ill., of counsel), for plaintiff-appellant.

Douglas C. Moir, Chicago, Ill., Edward J. Wendrow, R. Lawrence Storms, Chicago, Ill., Karl C. Williams, Rockford, Ill. (Winston, Strawn, Smith & Patterson, Chicago, Ill., Williams, McCarthy & Kinley, Rockford, Ill., of counsel), for defendants-appellees.

Before DUFFY, Chief Judge, and MAJOR and HASTINGS, Circuit Judges.


DUFFY, Chief Judge.

The complaint herein charges unfair competition and trade-mark infringement. Plaintiff alleges the use by defendants of the mark "Free-Westinghouse" infringed its trade-mark "Westinghouse."

On June 27, 1957, plaintiff moved for a temporary injunction. The Court took no action on this motion until December 19, 1957 when a decree was entered which enjoined defendants from "directly or indirectly advertising or representing, by implication...

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