DONALD F. DUNCAN, INC. v. ROYAL TOPS MANUFACTURING CO.

No. 14575.

343 F.2d 655 (1965)

DONALD F. DUNCAN, INC., Plaintiff-Appellee, v. ROYAL TOPS MANUFACTURING COMPANY, Inc., and Randy Brown, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 4, 1965.


Attorney(s) appearing for the Case

Stanley M. Cahn and Cummings & Wyman, Chicago, Ill., for defendant-appellant Randy Brown.

Maxwell E. Sparrow, Mark H. Sparrow and Sparrow & Sparrow, New York City, for defendant-appellant Royal Tops Mfg. Co., Inc.

Owen J. Ooms, Chicago, Ill., for plaintiff-appellee, Roy A. Lieder, Gravely, Lieder & Woodruff, St. Louis, Mo., of counsel.

Before SCHNACKENBERG, KNOCH and MAJOR, Circuit Judges.


En banc.

MAJOR, Circuit Judge.

This action was brought by plaintiff (appellee) against defendants1 for alleged trademark infringement of its registered trademarks, "Yo-Yo," "Genuine Duncan Yo-Yo" and "Butterfly," unfair competition, false representation of goods and unauthorized use of plaintiff's trademarks. Defendants by answer denied all allegations of the complaint relevant to plaintiff's claim for relief.

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