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

Nos. 12921, 12922.

283 F.2d 103 (1960)

SEVEN-UP COMPANY, Plaintiff-Appellant, v. O-SO-GRAPE CO. et al., Defendants-Appellees. SEVEN-UP COMPANY, Plaintiff-Appellee, v. O-SO-GRAPE CO. et al., Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 18, 1960.

Attorney(s) appearing for the Case

Beverly W. Pattishall, W. Thomas Hofstetter, Robert M. Newbury, Chicago, Ill., for Seven-Up Co.; Woodson, Pattishall & Garner, Chicago, Ill., Kavanagh, Bond, Scully, Sudow & White, Peoria, Ill., John T. Tabor, J. Stewart Bakula, St. Louis, Mo., of counsel.

Charles F. Meroni, Carlton Hill, Chicago Ill., Eugene R. Johnson, Peoria, Ill., for O-So-Grape.

Before DUFFY, SCHNACKENBERG and KNOCH, Circuit Judges.

Rehearing Denied November 18, 1960, in No. 12921.

DUFFY, Circuit Judge.

This is a suit for trademark infringement, unfair competition and trademark dilution respecting plaintiff's registered trademark "Seven-Up (7-Up)." Plaintiff complains of defendants' use of the trademark "Bubble Up." Injunctive relief was asked against the "Up" portion of "Bubble Up." Accounting and damages were also asked by plaintiff.

Defendants answered with a general denial...

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