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SEVEN-UP COMPANY v. GET UP CORPORATION

No. 15630.

340 F.2d 954 (1965)

The SEVEN-UP COMPANY, Plaintiff-Appellant, v. The GET UP CORPORATION, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 8, 1965.

Attorney(s) appearing for the Case

Beverly W. Pattishall, Chicago, Ill., W. Thomas Hofstetter, Robert M. Newbury, Chicago, Ill., on brief; Woodson, Pattishall & Garner, Chicago, Ill., John T. Tabor, St. Louis, Mo., of counsel, for appellant.

Oliver P. Howes, Jr., New York City, Gottfried, Ginsberg, Guren & Merritt, Cleveland, Ohio, Nims, Halliday, Whitman, Howes & Collison, New York City, on brief; Collison, M. L. Severn, New York City, Avery S. Cohen, Cleveland, Ohio, of counsel, for appellee.

Before EDWARDS, Circuit Judge, PRETTYMAN, Senior Circuit Judge, and BOYD, District Judge.

PER CURIAM.

The Seven-Up Company, our appellant, sued The Get Up Corporation for infringement of its trademark and for unfair competition. The action was tried by the District Court without a jury. That court heard extensive evidence, made findings of fact, reached conclusions of law, rendered an opinion, and dismissed the complaint. The opinion was emphatic and in parts phrased colloquially, but it was clear in its holdings. We find in it no error affecting substantial...

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