BERGHOFF RESTAURANT CO., INC. v. LEWIS W. BERGHOFF, INC.

No. 73-1686.

499 F.2d 1183 (1974)

BERGHOFF RESTAURANT CO., INC., Plaintiff-Appellant, v. LEWIS W. BERGHOFF, INC., and Lewis W. Berghoff, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1974.

Rehearing Denied August 16, 1974.


Attorney(s) appearing for the Case

James T. Fitzgibbon, Chicago Ill., for plaintiff-appellant.

Dennis A. Gross, Anthony R. Chiara, Chicago, Ill., for defendants-appellees.

Before CUMMINGS, PELL and SPRECHER, Circuit Judges.


Rehearing en banc Denied August 16, 1974.

CUMMINGS, Circuit Judge.

In its 5-count trademark complaint, plaintiff, the operator of the celebrated restaurant at 17 West Adams Street, Chicago, Illinois, sought damages and injunctive relief principally under the Lanham Act (15 U.S.C. § 1114) and the Illinois Anti-Dilution Statute (Ill.Rev. Stats.1973, ch. 140, § 22).

Plaintiff owns federal and state registrations of the "BERGHOFF" mark, which...

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