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JAMES BURROUGH LTD. v. SIGN OF BEEFEATER, INC.

No. 75-1992.

540 F.2d 266 (1976)

JAMES BURROUGH LIMITED and Kobrand Corporation, Plaintiffs-Appellants, v. SIGN OF the BEEFEATER, INC., and Montgomery Ward & Co., Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 1976.

As Amended August 3, 1976.

Attorney(s) appearing for the Case

Henry W. Lauterstein, New York City, W. Thomas Hofstetter, Chicago, Ill., for plaintiffs-appellants.

Robert F. Hanley, Chicago, Ill., Don K. Harness, Birmingham, Mich., for defendants-appellees.

Mark C. Curran, Chicago, Ill., for Montgomery Ward & Co.

Before FAIRCHILD, Chief Judge, MARKEY, Chief Judge, and GRANT, Senior District Judge.

MARKEY, Chief Judge.

This is an appeal from the ruling of the district court granting appellees' (Restaurant's)1 motion for directed verdict under Fed.R.Civ.P. 41(b) grounded on appellants' (Distiller's)2 failure to establish a right to relief. We reverse and remand.

Background

Distiller is the owner of three trademark registrations for gin, each alleging first use on November 11, 1909...

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