THE SEVEN-UP COMPANY v. O-SO GRAPE CO.

No. P-2217.

177 F.Supp. 91 (1959)

THE SEVEN-UP COMPANY, a corporation, Plaintiff, v. O-SO GRAPE CO., Bubble Up Corporation, and Bubble Up International, Ltd., corporations, Defendants.

United States District Court S. D. Illinois, N. D.

September 30, 1959.


Attorney(s) appearing for the Case

Woodson, Pattishall & Garner, Chicago, Ill., for plaintiff.

Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., Eugene R. Johnson, Miller, Westervelt & Johnson, Peoria, Ill., for defendants.


MERCER, Chief Judge.

By its complaint in this cause, filed March 20, 1959, plaintiff, The Seven-Up Company, prays injunctive relief and an accounting by defendants for profits growing out of alleged infringement of plaintiff's trade-mark "7 Up" and alleged unfair competition. In summary, the complaint alleges: Since 1928 plaintiff has used its registered trade-marks "7 Up" and also "Seven Up", in the marketing and exploitation...

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