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TETER, INC. v. RHEEM MANUFACTURING COMPANY

No. 14443.

334 F.2d 784 (1964)

TETER, INC., Plaintiff-Appellant, v. RHEEM MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

July 28, 1964.

Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill., for appellant.

Richard E. Alexander, Chicago, Ill., Harris Zimmerman, Oakland, Cal., Dawson, Tilton, Fallon, Lungmus & Alexander, Gardner & Zimmerman, Chicago, Ill., of counsel, for appellee.

Before KNOCH, KILEY and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff-appellant, Teter, Inc., hereinafter called "Teter," brought this action to review the Patent Office's cancellation of Teter's Registration No. 658,068 for the trademark "IMPERIAL" which is claimed by both parties, both of whom sell water heaters. The District Court affirmed the Patent Office decision and this appeal ensued.

George Teter, president of Teter, testified that in the early spring of 1945, when he was a partner in...

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