LAURA SECORD CANDY SHOPS LTD. v. BARTON'S CANDY CORP.

No. 71 C 1661.

368 F.Supp. 851 (1973)

LAURA SECORD CANDY SHOPS LIMITED, a corporation, and De Met's, Inc., a corporation, Plaintiffs, v. BARTON'S CANDY CORPORATION, a corporation, and Barton's Bonbonniere, Inc., a corporation, Defendants.

United States District Court, N. D. Illinois, E. D.

September 20, 1973.


Attorney(s) appearing for the Case

Robert M. Newbury, Chicago, Ill., for plaintiffs.

Pendleton, Neuman, Williams & Anderson, David Goldberg and Gregory B. Beggs, Chicago, Ill., Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendants.


MEMORANDUM OPINION AND ORDER

McLAREN, District Judge.

This matter arises upon defendant's motion for summary judgment. For the reasons set forth below, the motion will be granted in part and denied in part.

The following facts are uncontroverted for the purposes of this motion. Plaintiffs have used the word TURTLES and representations of turtles in the sale of candy for many years and have registered them as trademarks with the United States Patent...

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