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MARS, INC. v. CURTISS CANDY CO.

No. 57035.

8 Ill. App.3d 338 (1972)

290 N.E.2d 701

MARS, INCORPORATED, Plaintiff-Appellant, v. CURTISS CANDY COMPANY et al., Defendants-Appellees.

Appellate Court of Illinois — First District.

Rehearing denied November 29, 1972.

Attorney(s) appearing for the Case

Baker & McKenzie, of Chicago, (Horst H. Werder, Martin R. Greenstein, Francis D. Morrissey, Michael P. Connelly, and Thomas F. Tobin, of counsel,) for appellant.

Kirkland & Ellis, of Chicago, (Ronald L. Engel, Daniel W. Vittum, Jr., James M. Amend, and Jay G. Taylor, of counsel,) for appellees.

Order affirmed.

Mr. JUSTICE BURMAN delivered the opinion of the court:

Plaintiff, Mars, Incorporated, is seeking a preliminary injunction enjoining the defendants from using the term fun size on or in connection with the advertising or sale of candy products during the pendency of this action.

Mars alleges infringement of its common law trademark rights and of its Illinois trademark registration, common law unfair competition, and

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