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AMERICAN SNACKS, INC. v. SCHAUL

Nos. 54487, 54544 cons.

132 Ill. App.2d 718 (1971)

270 N.E.2d 209

AMERICAN SNACKS, INC., Plaintiff-Appellee, v. RICHARD H. SCHAUL et al., Defendants-Appellants — (AMERICAN SNACKS, INC., Plaintiff-Appellant, v. HERMAN BLATTNER et al., Defendants-Appellees.)

Appellate Court of Illinois — First District.

March 18, 1971.

Attorney(s) appearing for the Case

McCarthy, Scheurich, Duffy & McCarthy, of Chicago, (John M. Duffy and Daniel J. McCarthy, of counsel,) for appellants.

Fiffer & D'Angelo, of Chicago, (Allan N. Lasky and Allen J. Fagel, of counsel,) for appellees.

Nos. 54487, 54544 cons. Reversed in No. 54487; Affirmed in No. 54544.

Mr. JUSTICE SCHWARTZ delivered the opinion of the court:

On May 12, 1969 American Snacks, Inc. filed a complaint in chancery seeking injunctive relief against use of the trade mark and trade name, "Amy Joy Donuts," by defendants Richard and Rosemary Schaul in connection with the operation of a doughnut bake shop at 7248 Milwaukee Avenue,...

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