Gen. No. 67-170.

96 Ill. App.2d 383 (1968)

238 N.E.2d 622

Texaco, Inc., a Delaware Corporation, Plaintiff-Appellee, v. Kane County Oil, Inc., an Illinois Corporation, Defendant-Appellant.

Appellate Court of Illinois — Second District.

June 27, 1968.

Attorney(s) appearing for the Case

Smith and McCracken, of Geneva, and Anthony F. Spina, of Elmwood Park, for appellant.

Redman, Shearer & O'Brien, of St. Charles, Winston, Strawn, Smith & Patterson, Thomas A. Reynolds, Edward L. Foote, and Brian A. Loftus, of Chicago, for appellee.

MR. JUSTICE DAVIS delivered the opinion of the court.

The plaintiff, Texaco, Inc., brought this suit against the defendant, Kane County Oil, Inc., to enjoin it from, among other things, using the name "McCornack Oil Co." or "McCornack Oil Company." The trial court granted summary judgment for the plaintiff.

The questions raised on appeal may be distilled into three basic issues:

(1) Was there a valid...

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