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BORG-WARNER CORPORATION v. YORK-SHIPLEY, INC.

No. 13211.

293 F.2d 88 (1961)

BORG-WARNER CORPORATION, Plaintiff-Appellant, v. YORK-SHIPLEY, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 13, 1961.

Attorney(s) appearing for the Case

Edward A. Haight, C. G. Stallings, Stuart S. Ball, John W. Hofeldt, Chicago, Ill. (Donald W. Banner, John T. Lanahan, Richard J. Flynn, Chicago, Ill., of counsel), for plaintiff-appellant.

Beverly W. Pattishall, W. Thomas Hofstetter, Chicago, Ill. (Woodson, Pattishall & Garner, Chicago, Ill., of counsel), for defendant-appellee.

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

DUFFY, Circuit Judge.

The complaint herein contains counts for unfair competition, trademark infringement and trademark cancellation involving the word YORK used both as a trademark and a trade name. Plaintiff claims prior use of the name and trademark YORK for ice-making machinery, refrigeration apparatus, air-conditioning equipment and furnace and heating products. It alleges and offered proof that prior to 1923, the word YORK had acquired a secondary meaning identifying...

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